Legislative Implementation of Flexibilities - Philippines

Title:	Section 72 no.1 of the Intellectual Property Code, Act No. 8293 of 06/06/1997a last amended by Act No. 9502 of 2008
Field of IP:	Patents
Type of flexibility:	Exhaustion of rights
Summary table:

Provisions of Law

Limitations of Patent Rights

72. The owner of a patent has no right to prevent third parties from performing, without his authorization, the acts referred to in Section 71 hereof in the following circumstances:

1. Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent, insofar as such use is performed after that product has been so put on the said market; provided that, with regard to drugs and medicines, the limitation on patent rights shall apply after a drug or medicine has been introduced in the Philippines or anywhere else in the world by the patent owner, or by any party authorized to use the inveniton: provided, further, that the right to import the drugs and medicines contemplated in this section shall be available to any government agency or any private third party;