Can I use commercial material of a Patentee Member which may be classified “Special” in one country but “Normal” in another?
Commercially available material can be used under an ILP license or non-assert UNLESS the Patentee Member is commercializing the material with labelling and restrictions from which unambiguously follows that the material concerns a Special Trait. If no such measures are used, a Member can access the material. The underlying rational is that a Licensee should not be more restricted than the Patentee Member. In case of a dispute the Expert Committee will issue a binding ruling.
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