haku: @indexterm law / yhteensä: 802
viite: 208 / 802
| Tekijä: | Bronckers, M. |
| Otsikko: | The exhaustion of patent rights under WTO law |
| Lehti: | Journal of World Trade
1998 : OCT, VOL. 32:5, p. 137-160 |
| Asiasana: | PATENTS TRADE LAW |
| Kieli: | eng |
| Tiivistelmä: | The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) does not prescribe the international exhaustion of intellectual property rights. This raises the question of whether such an obligation can be distilled from other WTO rules. This article is limited to analyzing whether WTO law presently obliges countries to adopt or prohibits them from adopting the international exhaustion of patent rights. By international exhaustion the authors mean that as soon as the product is put on the market of any WTO member by the holder of a patent or with his consent, this patent holder can no longer block the importation of that product in any other WTo country. |
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