Implications of the introduction of the doctrine of patent exhaustion by the High Court of Australia's decision in Calidad v Seiko
File version
Version of Record (VoR)
Author(s)
Tiwari, AD
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
Size
File type(s)
Location
License
Abstract
In recent years, an important intellectual property concept, the ‘doctrine of patent exhaustion’, has received renewed interest in Australia. In Calidad Pty Ltd v Seiko Epson Corporation, the High Court of Australia held that in the absence of a contractual provision to the contrary, a patentee’s rights to control the use of a patented product after its sale are exhausted. This was a landmark decision in the history of Australian patent law, adopted preferably to the ‘doctrine of implied licence’ that has been applied in Australia for more than 100 years. This article aims to analyse how the High Court defined patent exhaustion in Calidad and outlines some of the issues it left unresolved.
Journal Title
European Intellectual Property Review
Conference Title
Book Title
Edition
Volume
45
Issue
3
Thesis Type
Degree Program
School
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
© 2022 Sweet & Maxwell and its Contributors. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Item Access Status
Note
Access the data
Related item(s)
Subject
Intellectual property law
International and comparative law
Private law and civil obligations
Persistent link to this record
Citation
Kariyawasam, K; Tiwari, AD,Implications of the introduction of the doctrine of patent exhaustion by the High Court of Australia's decision in Calidad v Seiko, European Intellectual Property Review, 2023, 45 (3), pp. 142-149