“For years, the extent of patent rights of a patentee after sale of a patented product has been the subject of much judicial debate. This is especially so as the resolution of this issue required the High Court of Australia recently to strike a balance between the rights of a patentee on the one hand, and those of an owner of a patented product on the other. Recently, in the case of Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (decided on 12 November 2020), the Court had the opportunity to determine the question of whether the patentee’s rights with regard to the sale and use of a particular product are exhausted at the time the product is sold or whether such patentee’s rights continue …” (more)
[Samar Ashour, Oxford Business Law Blog, 21 December]
First posted 2020-12-22 05:45:57
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