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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. 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

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  1. WTO/WHO Workshop on Differential Pricing-8-11 April 2001 • By Carlos M. Correa University of Buenos Aires

  2. THE EXHAUSTION PRINCIPLE • IMPLIED LICENSE Epuisement facultatif • AUTOMATIC EXHAUSTION First sale

  3. GEOGRAPHICAL SCOPE • DOMESTIC MARKET • REGIONAL • INTERNATIONAL

  4. WHO CAN PARALLEL EXPORT? • Patent holder • Voluntary licensee, unless prohibited • Voluntary licensee • Compulsory licensee • Patent holder, without patent in exporting country

  5. TRIPS AGREEMENT • Article 6 • Article 28, footnote • Article 51, footnote • Article 31 (f) • Article 4bis Paris Convention • Article 30

  6. GATT PROVISIONS • Article III (4) (National treatment) • Article XI (1) (quantitative restrictions) • Article XX (d) (exceptions)

  7. 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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