Title: | Article 47 of the Industrial Property Law No. 354 of 19/09/2000 |
Field of IP: | Patents |
Type of flexibility: | Exhaustion of rights |
Summary table: |
Exhaustion of Patent Rights
47. The patent does not confer 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 the owner's consent or is economically connected with him.
For the purposes of the foregoing paragraph, two persons shall be considered economically connected where one of them can exert a direct and decisive influence on the other with respect to the working of the patent, or where a third party can exert such influence on both persons.
Where the patent protects biological material capable of reproduction, the patent shall not extend to material obtained by multiplication or propagation of the material that is brought on to the market as provided in the first paragraph of this Article insofar as the multiplication or propagation is the necessary consequence of the use of the material for the purposes for whichit was brought on to the market, and the material resulting from that use is not used for multiplication or propagation purposes.