The TRIPS Agreement also includes a number of provisions concerning the rights conferred to patent holders. The principle is that the patent owner has exclusive rights to prevent third parties from making, using, offering for sale, selling, or importing for these purposes the protected product without the owner's consent 36. Where the patent is for a process, the rights granted extend to the use of the process and also to the use, sale and import of products that are directly obtained through the protected process 37. These exclusive rights, which amount to a virtual monopoly, are granted for a period of at least twenty years 38.
While the TRIPS Agreement provides extensive rights for patent holders, there remain some possibilities that states can use to restrict the rights conferred. This is first a general clause, which authorises
limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties 39.
Notes and References
36 Article 28, TRIPS Agreement.
37 Article 28(2), TRIPS Agreement.
38 Article 33, TRIPS Agreement.
39 Article 30, TRIPS Agreement.