In which of the following situations are the intellectual property rights of patentee A exhausted?
A) Patentee A holds a patent in Member State A. He has manufactured and marketed the protected products in Member State A. B, who has manufactured in Member State B products protected by A
B) Patentee A has registered a patent in Member State A, patentee B has registered a patent in Member State B. The patented products are similar in all respects. A and B are legally and economically independent of each other.
C) Patentee A holds a patent in Member State A and has granted a licence to B, to manufacture protected products in Member State B. C, a parallel importer (who has no economic or legal links with A or B) decides to export the protected products manufactured in Member State B by B to Member State A (C hopes to make a profit because in Member State A the protected products sell for higher prices than in Member State B)
Correct Answer:
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