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1. What is an industrial design?[1] In everyday language, an industrial de-sign generally refers to a product’s overall form and function. An armchair is said to have a “good design” when it is comfortable to sit in and we like the way it looks. For businesses, designing a product generally implies developing the product’s functional and aesthetic features, taking into consideration issues such as the product’s marketability, manufacturing costs, and ease of transport, storage, repair, and disposal. From a legal perspective, an industrial design refers to the ornamental or aesthetic aspects of a product. If certain conditions are met, these aspects may be protected as industrial designs, a form of intellectual property (IP). Such protection does not cover the technical or functional aspects of a product. So in the example above, only the appearance of the armchair could be protected as an industrial design; any legal protection for technical or functional aspects would involve other…

INTRODUCTION[1] The following Member States (or territories) indicated that their applicable laws provided for exceptions and/or limitations related to compulsory licenses: Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China and Hong Kong (China), Congo, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, El Salvador, Finland, France, Gambia, Germany, Greece, Honduras, Hungary, India, Indonesia, Israel, Italy, Japan, Jordan, Kenya, Kyrgyzstan, Latvia, Lithuania, Madagascar, Malaysia, Mauritius, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Sao Tome and Principe, Saudi Arabia, Serbia, Slovakia, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Tajikistan, Thailand, Turkey, Uganda, Ukraine, the United Kingdom, the United Republic of Tanzania, the United States of America, Viet Nam, Zambia and Zimbabwe (87 in total). Public Policy Objectives…

INTRODUCTION[1] The following Member States indicated that their applicable laws provided for exceptions and/or limitations related to exhaustion of patent rights: Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Belarus, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Bulgaria, Burkina Faso, Brazil, Canada, Chile, China, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, El Salvador, Finland, France, Gambia, Georgia, Germany, Greece, Honduras, Hungary, India, Israel, Italy, Japan, Jordan, Kenya, Latvia, Lithuania, Madagascar, Mauritius, Mexico, Morocco, Netherlands, New Zealand, Norway, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Sao Tome and Principe, Serbia, Slovakia, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Tajikistan, Thailand, Turkey, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, Viet Nam and Zimbabwe (76 in total). PUBLIC POLICY OBJECTIVES FOR PROVIDING THE EXCEPTION Many Member States emphasized the balancing aspect of the exhaustion of patent rights. For example, the public policy…

INTRODUCTION[1] 1.         The following Member States and patent Offices indicated that their applicable laws provided for exceptions and/or limitations related to the prior use exception: Albania, Algeria, Armenia, Australia, Austria, Azerbaijan, Bhutan, Bulgaria, Bosnia and Herzegovina, Brazil, Burkina Faso, Canada, China, Costa Rica, Croatia, Czech Republic, Democratic People’s Republic of Korea, Denmark, Dominican Republic, El Salvador, Finland, France, Georgia, Germany, Greece, Hong Kong (China), Hungary, Indonesia, Israel, Italy, Japan, Kenya, Kyrgyzstan, Latvia, Lithuania, Madagascar, Mauritius, Mexico, Morocco, Netherlands, Norway, Oman, Pakistan, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Sao Tome and Principe, Serbia, Slovakia, Spain,Sri Lanka, Sweden, Switzerland, Tajikistan, Thailand, Turkey,  Uganda, Ukraine, United Kingdom, United States of America, Viet Nam, Zambia, and the Eurasian Patent Office (EAPO) (69 in total). PUBLIC POLICY OBJECTIVES FOR PROVIDING THE EXCEPTION 2.         In responding to the question on the public policy objectives of the exception, some Member States stressed the balancing…

INTRODUCTION[1] 1- The following Member States and patent Offices indicated that their applicable laws provided for exceptions and/or limitations related to the prior use exception: Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bosnia and Herzegovina, Brazil, Bulgaria, China, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, El Salvador, Finland, France, Georgia, Germany, Greece, Honduras, Hong Kong (China), Hungary, Israel, Italy, Japan, Jordan, Kenya, Latvia, Lithuania, Madagascar, Mexico, Morocco, Norway, Oman, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Serbia, Slovakia, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Thailand, Turkey, Uganda, Ukraine, United Kingdom, Viet Nam, Zimbabwe and the Eurasian Patent Office (EAPO) (61 in total). PUBLIC POLICY OBJECTIVES FOR PROVIDING THE EXCEPTION 2- While multiple public policy objectives are pursued by the private and/or noncommercial use exception in some Member States, most Member States provided responses that described the following objectives. Balancing of legitimate interests 3- Many responses stated that…