Table of Contents

Patent Law and Theory

Patent Law and Theory

A Handbook of Contemporary Research

Research Handbooks in Intellectual Property series

Edited by Toshiko Takenka

This major Handbook provides a comprehensive research source for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners join together to give an innovative comparative analysis both of fundamental issues such as patentability, examination procedure and the scope of patent protection, and current issues such as patent protection for industry standards, computer software and business methods. Keeping in mind the important goal of world harmonization, the contributing authors challenge current systems and propose necessary changes for promoting innovation.

Chapter 18: The Exhaustion of Patent Owners’ Rights in the European Community

Thomas Hays

Subjects: business and management, knowledge management, innovation and technology, knowledge management, law - academic, intellectual property law

Extract

Thomas Hays Introduction Until the United Kingdom Patents Act of 1977 – ‘until’ meaning exiting from the first reasoned judicial notice of the existance of patents in the fifteenth century – patents at common law were choses in action.1 Choses are things, rights which had to be defended through bringing legal or equitable proceeding rather than by the physical possession of them. Such rights, like the right to work a patent, import protected goods and offer the goods for sale, are exclusory: they are the right to exclude others from doing the acts reserved to the patent owner. A licence is an expression of a patent owner’s giving permission to another to exercise one or more of the exclusory rights, following the general form: ‘If you, the licensee, do any of the acts listed herein and pay me, the licensor, for the privilege, I promise not to sue you for infringing my patent’. The existence of a licence is a defence to an allegation of infringement. Patent rights cover the commercialization of goods made to a patent up to the point the particular rights are waived. For example, a patent owner has the right to exclude products made to the patent from importation into a country where the patent is in force. The exclusory right is exercised by repelling the imports. The patent owner can continue to repell imports, over and over, every time the goods are presented at customs. An exclusory right can be waived by allowing another to perform one...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information