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International Exhaustion Sample Clauses

International Exhaustion of the TRIPS Agreement provides that for the purpose of dispute settlement, the provisions of the TRIPS Agreement must not be applied to address the issue of international exhaustion (permission of parallel imports), except for the most-favored-nation and national treatment provisions. However, in the US-Australia FTA, for example, provisions to restrict the parallel import of patented pharmaceuticals are set forth.
International ExhaustionFor clarity, the licenses granted under this Section 2 include an immunity granted to each Party’s or its Affiliates’ customers with respect to (a) in the case of Section 2.1, the products and services in the Spansion Field of Use that are used, made, have made, offered to sell, sold, leased, distributed, exported, imported or otherwise disposed of by Spansion or its Affiliates pursuant to Section 2.1, or (b) in the case of Section 2.3, the products and services in the FSL Field of Use that are used, made, have made, offered to sell, sold, leased, distributed, exported, imported or otherwise disposed of by FSL, its Affiliates, Fujitsu or Fujitsu’s Affiliates pursuant to Section 2.3, in each case, either alone or as a component of another device, and worldwide, regardless of the jurisdiction in which such products and services were first sold or manufactured, to the same extent that (i) Spansion Licensed Patents, in the case of a license granted by Spansion, or (ii) FSL Licensed Patents, in the case of a license granted by FSL, covering such products and services would be deemed to have been exhausted under United States law if such products and services were first sold in the United States, under Japanese law if such products and services were first sold in Japan, or under the Applicable Laws of any other jurisdiction if such products or services were first sold in such other jurisdiction; provided, however, that the Parties intend that the license granted herein extends only to products manufactured or sold or services provided pursuant to Sections 2.1 or 2.3, as applicable, themselves in the form manufactured or sold (without any unauthorized modification by Third Parties) and not to any Patent claims infringed by combination of such products with other products or Technology, which infringement would not have occurred but for such modification or combination.
International ExhaustionThe proposed amendment of Section 72.1 of the IP Code under the Xxxxx Xxxx seeks to adopt the matter of "international exhaustion" as it relates to drugs and medicine. Under the amendment, one who has obtained a drug or medicine subject to a patent can use the product in the Philippines as long as the patent owner has put the product in the market - or exhausted the product - anywhere in the world. The Doha Declaration allows States the discretion to use the principle of exhaustion for the protection of public health. The discretion 22 Cuno Engineering Corp. v. Automatic Devices Corp., 314 US 84, 10 November 1941. 23 Lincoln Engineering Co. x. Xxxxxxx-Xxxxxx, 303 US 545, 28 March 1938, cited in Xxxxxx, Patents under the Intellectual Property Code 44, 2001. 24 Xxxxxxxx'x- Xxxxx Rock, Inc. v. Pavement Salvage Co., Inc., 396 US 57, 8 December 1969. 25 www.steporgkatharak, 2nd_pharmaceutica_usc.doc, accessed on November 6, 2005 is broadly given, such that the term "public health" is not limited to pharmaceuticals, but could involve other health-related patents.26 The right to use the product is consistent with the principle that the patent right is separate from the product that embodies the right. A buyer of the product can therefore obtain title to the product without owning the patent to the product. The proposed language appears to be based on Section 72.1 of the IP Code, which provides that it is not considered patent infringement to use "a patented product which has been put on the market in the Philippines by the owner of the product or with his express consent, insofar as such use is performed after that product has been so put in the said market." However, the proposed amendment, as with the present law, leaves unclear the rights of third persons to use a patented product upon the exhaustion by a patent owner of his right to import the patented product. Although the term "use" is a right enumerated separately from manufacture, sale, or importation, the term "use" as a principle of exhaustion under TRIPS relates to "consumption" of the product.27 But since the patent holder has other exclusive rights aside from "use," including the exclusive right to "make, sell, offer for sale or import" the patented product, a regime of exhaustion that rights only to the right to "use" means that the buyer of the patented product has the right to "condone" only, but does not have the right to sell, offer for sale and much less import the patented product. This result...

Related to International Exhaustion

  • INTERNATIONAL TRAFFIC 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that Contracting State. 2. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency.

  • INTERNATIONAL TRANSPORT 1. Profits of an enterprise of a Contracting State from the operation of ships, aircraft or road-transport vehicles in international traffic shall be taxable only in that State. 2. The provisions of paragraph 1 shall also apply to profits from participation in a pool, a joint business or an international operating agency.

  • International Assignor hereby requests such “open access” publication of the Animated abstract and agrees to pay the applicable Fee in accordance with the terms below: [ ] YES [ ] NO The Fee shall be paid initially with a US$ 500 advance payment on giving the Publisher the instruction to start work on the Animated Abstract, and US$ 450 (English language edition) or US$ 950 (Foreign language edition) on completion of the Animated Abstract.

  • International Olympic Committee; International Red Cross and Red Crescent Movement As instructed from time to time by ICANN, the names (including their IDN variants, where applicable) relating to the International Olympic Committee, International Red Cross and Red Crescent Movement listed at xxxx://xxx.xxxxx.xxx/en/resources/registries/reserved shall be withheld from registration or allocated to Registry Operator at the second level within the TLD. Additional International Olympic Committee, International Red Cross and Red Crescent Movement names (including their IDN variants) may be added to the list upon ten (10) calendar days notice from ICANN to Registry Operator. Such names may not be activated in the DNS, and may not be released for registration to any person or entity other than Registry Operator. Upon conclusion of Registry Operator’s designation as operator of the registry for the TLD, all such names withheld from registration or allocated to Registry Operator shall be transferred as specified by ICANN. Registry Operator may self-­‐allocate and renew such names without use of an ICANN accredited registrar, which will not be considered Transactions for purposes of Section 6.1 of the Agreement.

  • International Users The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

  • PROCUREMENT ETHICS Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the State of Utah, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.