[Diritto] FWD: sulla prima vendita
Sat, 15 Dec 2001 16:50:31 +0100
Trovo interessante questo messaggio di Hartmut Pilch. Essendo la lista
patents pubblica, ve lo giro senza il suo permesso ma integralmente.
> From: PILCH Hartmut <firstname.lastname@example.org>
> To: Krzysztof Sobolewski <email@example.com>
> Cc: <firstname.lastname@example.org>
> Subject: Re: [Patents] What are the limits of patent owner's privileges?
> Date: Fri, 14 Dec 2001 19:17:15 +0100 (CET)
>> Can the patent owner regulate the aspects such as sale, distribution and use
>> of a thing, that has some patented parts, and thus, limiting the free trade?
> There is a principle of exhaustion of rights: once someone has produced
> a car under a patent license and brought the car on the market, the patent
> owner can no longer restrict what the buyer does with the car.
> But of course the patent owner could refuse to license and instead produce
> special cars for a rental service that operates only under the terms
> dictated by him.
> Shrink-wrap car/seed purchase contracts should also be conceivable. In
> that case the buyers might breach of a contract, even if not infringing on
> a patent.
> Hartmut Pilch http://phm.ffii.org/
> Protecting Innovation against Patent Inflation http://swpat.ffii.org/
> 98000 signatures against software patents http://www.noepatents.org/