Limits to the Rights Conferred by a Patent
- Introduction.
When analyzing the validity element of the three tier analysis that inspired the TRIPS PLUS ULTRA proposal (the other two elements are its justice and its effectiveness), we´ve said that the TRIPS Agreement sets a global standard for patents, and that this global standard admits exceptions and limitations (the relevance of the limitations must be measure in comparison with the global heart of the patent; what was set to be its heart is by far more relevant than what was left out, globally).
One of the posible limitations that countries may establish within their borders regards the rights conferred by a patent.
2. The type of limit: a limit to the rights conferred by a patent.
For the purposes of this [webpage] and taking in account the fact that originates the limit, these limits or limitations will be classified into three:
- The first type of limit that can be established within countries responds to circumstances where—because of an ipso jure rule and without requiring the intervention of any authority—parties other than the owner can use a protected subject matter or run a patented process.
- The second type of limit responds to those that operate only with the intervention of a public authority, i.e., compulsory licenses. Additionally, HERE you could find an analysis of how the TRIPS PLUS ULTRA proposal could bring about a different view on this issue that could tackle, to certain extent, the issue of orphan diseases.
- The third type addresses a international commerce issue which pertains the exhaustion of the rights conferred by patents and parallel imports. Additionally, about this very important issue, HERE you will find an economic explanation of how the exhaustion of rights regime interacts with the TRIPS PLUS ULTRA Proposal’s economic model.
For different kinds of limitations that countries may establish, click HERE.
(Go back to the validity analysis for more on what the global regulation regarding patents looks like.)