Exhaustion of patent rights and the European union

Manfred Schmiemann

World Patent Information, vol. 20, issue 3-4, 193-195

Abstract: The concept of exhaustion has developed mainly from German case law of the early 20th century. It is based on the notion that once the owner of protected products (protected for example by trademarks or patents) has sold one such product, he has lost the right to control what happens to this product on markets (both protected or not) in the future. His rights are exhausted once the product has been put on the market by himself or with his permission. This article explores this issue, its effects on parallel imports and the implications if the Community Patent Convention (CPC) is either ratified or further delayed.

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