An Inquiry into the Standard of Substantive Patent Law Infringement in Cross-Border Constellations
Annex 2 Unitary patent: infringement provisions
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European Commission, Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection, COM (2011) 215 final, SEC (2011) 482 final, SEC (2011) 483 final, 2011/0093 (COD), Brussels, 13.4.2011. Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0215:FIN:en:PDF [Last accessed on 19.03.2012]
Article 6 Right to prevent the direct use of the invention1611
The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor’s consent from the following:
(a) making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes;
(b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the participating Member States;
(c) offering, placing on the market, using, importing or storing for those purposes a product obtained directly by a process which is the subject matter of the patent.
Article 7 Right to prevent the indirect use of the invention
1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party from supplying or offering to supply within the participating Member States any...
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