Exhaustion of rights. Notwithstanding paragraph (1)(a)(ii), any Contracting Party may consider lawful the performance, without the authorization of the holder of the right, of any of the acts referred to in that paragraph where the act is performed in respect of a protected layout-design (topography), or in respect of an integrated circuit in which such a layout-design (topography) is incorporated, that has been put on the market by, or with the consent of, the holder of the right.
Exhaustion of rights. Article 6.5 of the Washington Treaty explicitly introduced the exception of “exhaustion of rights”, as an optional provision for Contracting States: after the titleholder or a third party with the title-holder’s consent has put the products on the market, further acts on such products are no longer subject to the title-holder’s authorization.
Exhaustion of rights. Notwithstanding subsection (e)(1), the sale or other disposition of a useful end result by a person entitled to assert a defense under this section in connection with a patent with respect to that useful end result shall exhaust the patent owner’s rights under the patent to the extent that such rights would have been exhausted had such sale or other dis- position been made by the patent owner.
Exhaustion of rights. (See XX XX, 10.4)
Exhaustion of rights. 1. To the extent that exhaustion is dealt with in Community measures or jurisprudence, the Contracting Parties shall provide for such exhaustion of intellectual property rights as laid down in Community law. Without prejudice to future developments of case-law, this provision shall be interpreted in accordance with the meaning established in the relevant rulings of the Court of Justice of the European Communities given prior to the signature of the Agreement.
Exhaustion of rights. National exhaustion of trademark rights in relation to the parallel importation of goods should be applied. • In those countries that currently follow international exhaustion, and in which political or other conditions make it highly improbable that national exhaustion would be implemented, a “material differences” standard should be adopted in order to exclude parallel imports that are materially different from those products authorized for sale by the trademark owner in the domestic market.
Exhaustion of rights. The doctrine of exhaustion addresses the issue of when the IPR holder’s control over the distribution of a specific good ceases. This cessation of control is critical to the functioning of any market economy because it facilitates the circulation of goods.125 The basic idea is that once the right holder has been able to obtain an economic return from the first sale or placing of a good on the market under conditions of exclusivity, the purchaser or transferee of the good is entitled to use and dispose of it without further restriction. Without an exhaustion doctrine, the original IPR holder would continue exercising control over the sale, transfer or use of a good or service after the first sale. This doctrine has a particular impact on pharmaceutical products, where prices for the same products vary substantially among different countries. From the standpoint of the international trading system, the issue is whether the exhaustion operates on a national, regional or international basis.126 Exhaustion was one of the most difficult issues that arose during the negotiation of the TRIPS Agreement.127 The compromise at that time was that each WTO Member text. See a USTR document from July 2007 clarifying several aspects of an understanding contained in a side letter to CAFTA at xxxx://xxx.xxxx.xxx/assets/Trade_Agreements/Bilateral/CAFTA/Briefing_Book/asset_upload_file650_1 3202.pdf. However, their status has never been tested in case of conflict and some scholars expressed doubt of their legal statute. See for example: Xxxxx, xxx Xxxxx and Xxxxx (2007). 123 See Article 16.13 of the US – Peru PTA (Understandings regarding certain public health measures). 124 Article 147 B 125 See Resource Book, op.cit., pp.92-117. 126 A country may choose to recognize that the exhaustion of an IPR occurs when a good is first sold or marketed anywhere outside its own borders (international exhaustion). If exhaustion occurs when a good or service is first sold or marketed outside a country, the IPR holder within the country may not oppose a given importation on the basis of its IPR. The importation by a competitor of a good for which exhaustion of an IPR has occurred abroad is commonly referred to as “parallel importation”. 127 (Xxxxxxx 1998, p.61). Xxxxxxx would be entitled to adopt its own exhaustion policy and rules. This agreement was framed in Article 6, precluding anything in TRIPS from being used to address the exhaustion of rights in dispute settlement, subject to the TRI...
Exhaustion of rights. Panasonic undertakes and covenants not to assert, anywhere in the world, the rights in and to the Panasonic Intellectual Property as a result of the use of such rights by Master Licensee, any Key Sub-Licensee and/or its Sub-Licensee, subcontractors, vendors, customers and/or distributors to make, have made, sell, offer for sale, and/or import Products in accordance with the terms of this Agreement. This undertaking and covenant shall survive the termination of this Agreement, provided Master Licensee continues to pay the License Fees in accordance with Clause 11.1.1.
Exhaustion of rights. Licensee and its Affiliates may not grant sub-licenses under the license granted above to any third party in connection with the Licensed Field of Use. Notwithstanding the above, for the avoidance of doubt, third parties who purchase a Licensed Product from Licensee, its Affiliates, or their distributors, shall automatically retain a non-exclusive license to use the Licensed Product to the same extent as the Licensee, Affiliate, or distributor from which it purchased the Licensed Product.
Exhaustion of rights. It is declared and agreed between the parties that the terms set forth in this Agreement express the full rights of the parties and shall supersede any prior agreement, representation, assurance or practice prior to signing hereof. And in witness hereof the parties are hereby undersigned: The General Director Ministry Financial Controller Department Director [Signature and Stamp: ISRAEL MAIN HOTELIER SCHOOL LTD Company No. 510328636] Service Provider Authentication of signature for a corporation: I, the undersigned, [handwritten: Tzofnat Shoval] Adv./C.P.A. hereby confirm that the corporation [handwritten: ISRAEL MAIN HOTELIER SCHOOL Ltd] (the Service Provider) is lawfully registered in Israel under Company No. and the Messrs. [handwritten: Tzvika Shapis/Xxx Xxxxx] ID. No. [handwritten: 055464606/024570764] that signed this Agreement in its name signed it before me and are authorized to act in the said manner and in its name and that their signature shall bind the Service Provider. [handwritten: 24.12.15] [Signature and Stamp: Tzofnat Shoval, Adv. License Xx. 00000 Xxxxx Xx. Xxx Xxxx 00000] Date Signature and Stamp List of Appendixes: Appendix A + Appendix A1 – Resolution of the Ministers Committee – Granting a concession for the operation of Israel Main Hotelier School Ltd (Tadmor) – Amendment of the resolutions of the Ministers Committee + execution of the resolution of the Ministers Committee regarding privatization of Israel Main Hotelier School Ltd ("Tadmor," "the Company") – minutes of meeting dated August 30, 2015; Appendix B – Affidavit regarding lawful employment of foreign workers and payment of minimum wages; Appendix C – Undertaking of Confidentiality and Avoidance of a Conflict of Interests; Appendix D - Insurance Appendix – Certificate of Insurance; Appendix E – Training tracks in the hoteliery sector; Appendix F – Minimum requirements for a classroom; Appendix G – Hoteliery workshop standard; Appendix H – Profile of teaching/training staff; Appendix I – Guarantee in lieu; [handwritten: Appendix A of the Agreement] [Emblem of the State of Israel] Government Secretariat Protocol Resolution of the Ministers Committee on Privatization Tuesday, 11 Nissan 5775 – March 31, 2015 MH/7 Granting a concession for the operation of Israel Main Hotelier School Ltd (Tadmor) – Amendment Resolution of the Ministers Committee There are 9 pages in this protocol. MH/7 Granting a concession for the operation of Israel Main Hotelier School Ltd (Tadmor) – Amendment...
