Legislative Implementation of Flexibilities - Ireland

Title:	Sections 41 and 43 of the Patents Act No. 1 of 27/02/1992, as last amended by Law No. 31 of 2006
Field of IP:	Patents
Type of flexibility:	Exhaustion of rights
Summary table:

Provisions of Law

Prevention of indirect use of invention. 41-

(1) A patent while it is in force shall also confer on its proprietor the right to prevent all third parties not having his consent from supplying or offering to supply in the State a person, other than a party entitled to exploit the patented invention, which means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or it is obvious in the circumstances to a reasonable person, that the said means are suitable and intended for putting that invention into effect.

(2) Subsection (1) shall not apply when the means referred to therein are staple commercial products,except when the third party induces the person supplied to commit acts which the proprietor of a patent is enabled to prevent by virtue of section 40.

(3) Persons performing acts referred to in paragraphs (a), (b), or (c) of section 42 shall not be considered to be parties entitled to exploit an invention pursuant to subsection (1).

Limitation of rights.43.-

The rights conferred by a patent shall not extend to any act which, pursuant to any obligations imposed by the law of the Treaties establishing the European Communities, cannot be prevent by the proprietor of the patent.