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Rights Conferred

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Chapter Summary

Art. 28 specifies what exclusive rights and acts of use accrue to the patent owner as a result of the patent for the protection period of at least 20 years from the date of application. Art. 28.1 concerns the exclusive1 rights of the patent owner resulting from the patent; a distinction is made between product patents and process patents. In accordance with Art. 28.1 lit a, the owner of a product patent has the exclusive rights to make, use, offer for sale, sell or import such products for these purposes. In accordance with Art. 28.1 lit. b Trade-Related Aspects of Intellectual Property Rights (TRIPS), the owner of a process patent has the exclusive rights to certain acts, namely using, offering for sale, selling or importing for these purposes "at least the product obtained directly by that process.".

Keywords: exclusive rights; sale; TRIPS

10.1163/ej.9789004145672.i-910.181
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