- Keywords > compulsory licences
- Keywords > globalization
- Keywords > innovation and intellectual property
- Keywords > Intellectual Property Rights (IPR)
- Keywords > patent system
- Keywords > patentability criteria - policy options
- Keywords > trade and innovation
- Keywords > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Keywords > TRIPS flexibilities
- Keywords > Uruguay Round
(1998; 97 pages) [French] [Spanish]
2.5 Effects of protection: a monopoly of working for 20 years
Traditionally, a patent confers a monopoly for working the invention upon the patent holder. Any person imitating the invention or new manufacturing process, without the consent of the patent holder, is committing an act of infringement.
Article 28: Rights conferred
1. A patent shall confer on its owner the following exclusive rights:
a) where the subject matter of a patent is a product, to prevent third parties not having the owner’s consent from acts of making, using, offering for sale, selling, or importing for these purposes that product;
b) where the subject matter of a patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of: using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.
2. Patent owners shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts.