Article 16
Exhaustion of rights
(1) A patent owner shall not be entitled to prohibit third parties to dispose of a product which is a subject-matter of a patent protection after this product has been placed on the market in the member state of the European Union or in the state which is a contracting partyto the Agreement on the European Economic Area by a patent owner or with his explicit consent. This shall not apply if there are reasons for extension of rights to a patent for such treatment.
(2) Paragraph 1 shall also apply to a biological material obtained by reproduction of a protected biological material provided that such reproduction necessarily results from usinge for which the biological material has been placed on the market, if biological material obtained in this way is not subsequently utilised for its further reproduction.
(3) Acquisition of protected plant reproduction material by a farmer within the scope of a commercial relation with a patent owner or with his consent implies right of a farmer to utilise a product of his work for reproduction of this product in his farm. Provisions of a special regulation shall apply mutatis mutandis for determination of a scope of right of a farmer pursuant to sentence one and condition of claiming such right.
(4) Acquisition of protected animal reproduction material by a farmer within the scope of a commercial relation with a patent owner or with his consent implies for right of a farmer to use a protected livestock for agricultural purposes including using of an animal reproductivematerial for his agricultural activity with exception of sale of animal reproduction material form performing agricultural activities of a farmer with exception of a sale of an animal reproduction material in relation with business or for the purpose of business in the form of a subsequent reproduction activity.