wto who workshop on differential pricing 8 11 april 2001
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WTO/WHO Workshop on Differential Pricing-8-11 April 2001

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WTO/WHO Workshop on Differential Pricing-8-11 April 2001. By Carlos M. Correa University of Buenos Aires. THE EXHAUSTION PRINCIPLE. IMPLIED LICENSE Epuisement facultatif AUTOMATIC EXHAUSTION First sale. GEOGRAPHICAL SCOPE. DOMESTIC MARKET

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wto who workshop on differential pricing 8 11 april 2001
WTO/WHO Workshop on Differential Pricing-8-11 April 2001
  • By Carlos M. Correa

University of Buenos Aires

the exhaustion principle
THE EXHAUSTION PRINCIPLE
  • IMPLIED LICENSE Epuisement facultatif
  • AUTOMATIC EXHAUSTION First sale
geographical scope
GEOGRAPHICAL SCOPE
  • DOMESTIC MARKET
  • REGIONAL
  • INTERNATIONAL
who can parallel export
WHO CAN PARALLEL EXPORT?
  • Patent holder
  • Voluntary licensee, unless prohibited
  • Voluntary licensee
  • Compulsory licensee
  • Patent holder, without patent in exporting country
trips agreement
TRIPS AGREEMENT
  • Article 6
  • Article 28, footnote
  • Article 51, footnote
  • Article 31 (f)
  • Article 4bis Paris Convention
  • Article 30
gatt provisions
GATT PROVISIONS
  • Article III (4) (National treatment)
  • Article XI (1) (quantitative restrictions)
  • Article XX (d) (exceptions)
national laws
NATIONAL LAWS
  • Sold by the owner, a licensee or a party under the owner’s control (Andean Group)
  • Sold with the consent of the owner, if not exploited locally (Brazil)
  • Upon Ministerial order, for medicines put on the market by the owner or with his consent (South Africa)
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