Legislative Implementation of Flexibilities - Luxembourg

Title:	Article 48 of the Patents Law of 20/07/1992
Field of IP:	Patents
Type of flexibility:	Exhaustion of rights
Summary table:

Provisions of Law

Exhaustion of Rights Conferred by the Patent

Art. 48.-1. The rights afforded by a patent shall not extend to acts concerning a product covered by that patent which are done on Luxembourg territory after such product has been put on the market in one of the States of the European Economic Community by the owner of the patent or with his express consent unless there exist reasons in accordance with the rules of Community law for the rights conferred by the patent to extend to such acts.

2. Paragraph 1 shall also apply with respect to a product put on the market by the owner of the national patent, granted in another Community State for the same invention, who is economically linked to the owner of the patent referred to in paragraph 1. For the purposes of this paragraph, two persons shall be deemed economically linked where one of them may exercise on the other, directly or indirectly, with regard to the working of the patent, a decisive influence or where a third person may exercise such influence on one of such persons.

3. Paragraphs 1 and 2 shall not apply where the product has been put on the market under a compulsory or ex officio license.