Title: | Article 53 (5) of the Patent Act of 15/12/1994, (Text as it applies on 03/06/2009) |
Field of IP: | Patents |
Type of flexibility: | Exhaustion of rights |
Summary table: |
Article 53
5. If a product as referred to in paragraph (1) (a) or (b) has been put on the market lawfully in the Netherlands or the Netherlands Antilles or in one of the Member States of the European Union or in another State that is party to the Agreement concerning the European Economic Area by the patent holder or with his consent, the person who obtains or later holds the product shall not be deemed to have contravened the patent by using, selling, hiring out or delivering that product or by otherwise dealing in it in or for his business, or by offering,importing, or stocking the product for any of those purposes.