Legislative Implementation of Flexibilities - Latvia

Title:	Section 21 of the Patent Law of 15/02/2007
Field of IP:	Patents
Type of flexibility:	Exhaustion of rights
Summary table:

Provisions of Law

Section 21. Exhaustion of Rights

(1) The rights resulting from the patent shall not extend to the activities which have been carried out with the patented product in the European Economic Area, after this product has been put on the market in the European Economic Area by the proprietor of the patent himself or herself or another person with his or her consent, unless the proprietor of the patent has a legal basis to object against the further commercialisation of the product.

(2) The protection referred to in Section 19, Paragraphs one, two and three of this Law shall not extend to the biological material, which has been obtained by multiplying such biological material, which has been put on market in the European Economic Area by the proprietor of the patent himself or herself or by another person with his or her consent, if multiplication arises directly from the use thereof, for the purposes of which the biological material was sold with a condition that the obtained material shall not be used afterwards for another multiplication.