تقييد حقوق مالك البراءة بالاستنفاد الدولي

Abstract EN

The granting of a patent to the author of an invention entails conduct and exploitation.

It may prevent third parties from making the invention, offering it for sale or even importing its legally protected product.

However, the olute realization and exercise of this right will lead to the establishment of an olute power of conduct and exploitation, which is of unlimited scope and effect, and thus the patent holder may prevent third parties from performing any act of general utility, no matter how legitimate, such as it may be.

The establishment of such power or capacity in the interest of the patentee will, without doubt, impede the circulation of proven products and innovations across States and contribute to enabling their owners to monopolize and divide markets.

In view of this situation, some States have sought to put forward a legal proposal allowing the patent owner to exercise his or her rights without prejudice to his or her obligations to third parties and allowing third parties to benefit from the free circulation of the protected product, without the consent of the owner, namely, the adoption of the principle of international exhaustion of intellectual rights and its application to protected products.