Estados Unidos de América
Sudáfrica
Patentes (incluida la protección de variedades vegetales)
2. Article 28 of the TRIPS Agreement enumerates the rights that each Member country must confer to a patent owner. Included among these rights are the rights to prevent third parties from making, using, offering for sale, selling and importing the patented product. Article 45 of the South African patent law vests patent owners’ with the right "to exclude other persons from making, using, exercising or disposing of the invention so that he shall have and enjoy the whole profit and advantage accruing by reason of the invention". It is not clear whether the patent owner is granted the right to control the importation, offering for sale, and sale of the patented product. Also, it is not clear whether the phrase "so that he shall have and enjoy the whole profit and advantage accruing by reason of the invention" operates in a manner that restricts enforcement of the rights. Please explain how the South African patent law grants a patent owner the rights of importing, selling and offering for sale and whether Article 45 imposes and limitations on the patent owner’s exclusive rights.
See reply to question No. 1 from the EC.