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Exceptions To Rights Conferred

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Chapter Summary

Arts 28, 29 and 30 to 34 relate to rights derived from the patent and thereby regulate the extent, limits and procedural requirements in respect of the patent already granted. Art. 30 gives Members the option to provide for limited exceptions to the exclusive rights under a patent. This provision thus forms an exception regulation to Art. 28. The Anell Draft contains as examples of exclusions from the rights conferred the right of the prior user, exceptions for private purposes and for scientific purposes, the direct individual preparation of medicines by dispensing chemists on the basis of a medical prescription, use of the invention by a third party who started or undertook bona fide preparatory acts before the application for the patent (or of its publication) government acts for the government's own use.

Keywords: Anell Draft; exclusive rights; limited exceptions; patent



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