5. What are the limits to the right to prohibit?
As the monopoly granted to the patent owner derogates from the principle of free competition, it has several limits.
5.1 Authorized acts due to their purpose
Certain acts, listed at article L. 613-5 du CPI , are authorized but outside the patentee's scope of intervention, and must be tolerated.
The patent owner cannot oppose acts carried out privately and for non-commercial purposes (these two conditions being cumulative). The use or reproduction of an invention to satisfy a personal need therefore does not constitute infringement.
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What are the limits to the right to prohibit?
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Bibliography
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Bibliography
N. Binctin, Manuel Droit de la propriété intellectuelle , LGDJ, 6th ed. 2020.
J. Passa, Droit de la propriété industrielle , tome 2, ed. LGDJ, June 2013.
M. Vivant, Le droit des brevets, Connaissance du droit , 2 e ed. Dalloz, 2005.
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