[Diritto] FWD: sulla prima vendita

[Alessandro Rubini]

Trovo interessante questo messaggio di Hartmut Pilch. Essendo la lista
patents pubblica, ve lo giro senza il suo permesso ma integralmente.

> From: PILCH Hartmut <phm@a2e.de>
> To: Krzysztof Sobolewski <critto@poczta.wp.pl>
> Cc: <patents@liberte.aful.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/