Title: | Article 54 of the Cartagena Agreement, Decision No. 486 of 14/09/2000 of the Commission of the Andean Community |
Field of IP: | Patents |
Type of flexibility: | Exhaustion of rights |
Summary table: |
54. The patent shall not give the right to prohibit a third party from engaging in commercial acts in relation to a product protected by the patent after that product has been brought on to the market in any country by the owner of the patent, or by another person who has obtained his consent or is economically associated with him.
For the purposes of the foregoing paragraph, two persons shall be considered economically associated where one can directly or indirectly exercise a decisive influence on the other concerning the working of the patent, or where a third party can exercise such an influence on both.Where the patent protects biological material, that can be reproduced, the patent shall not extend to the biological material obtained by reproduction, multiplication or propagation of the material that has been brought on to the market in accordance with the first paragraph above, provided that the reproduction, multiplication or propagation was necessary so that the material might be used to achieve the purposes for which it was brought on to the market, and provided that the material derived from such use is not used for multiplication or propagation purposes.