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IP: CIPRO Patent
From: David Farber <dave () farber net>
Date: Fri, 19 Oct 2001 16:56:17 -0400
Date: Fri, 19 Oct 2001 16:52:55 -0400 (EDT) From: James Love <love () cptech org> X-X-Sender: <love () milan essential org> To: David Farber <farber () central cis upenn edu> Subject: CIPRO Patent We have two web pages on this issue that are useful resources: http://www.cptech.org/ip/health/cl/cipro/ and http://www.cptech.org/ip/health/cl/us-cl.html See in particular the examples of 28 USC 1498.... In terms of WTO rules, See Article 31 and Article 44 http://www.cptech.org/ip/health/cl/cl-art31.html http://www.cptech.org/ip/health/cl/cl-art44.html Notwithstanding the other provisions of this Part and provided that the provisions of Part II specifically addressing use by governments, or by third parties authorized by a government, without the authorization of the right holder are complied with, Members may limit the remedies available against such use to payment of remuneration in accordance with subparagraph (h) of Article 31. In other cases, the remedies under this Part shall apply or, where these remedies are inconsistent with a Member's law, declaratory judgments and adequate compensation shall be available.
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