Limitele dreptului de exploatare conferit de brevetul de invenție prin prisma art. 102 din Tratatul privind Funcționarea Uniunii Europene
The limits of the rights of use given by the patent in light of Article 102 of the Treaty on the Functioning of the European Union

Summary/Abstract: The patent is a title of protection of an intellectual creation that gives the patent holder the exclusive right of use and the right to prevent third parties from using the invention. Article 31(1) of Law No. 64/1991, republished, enshrines this right: “The patent gives the holder an exclusive right of using the invention throughout its validity”. Thus, the main effect it has on the patent consists in the prerogative it gives the holder and his successors to exclusively use the patented invention throughout the validity of the patent, with the downside of preventing third parties from using the invention. The exclusive right to use the invention is the most important right acknowledged to the holder, which turns into a true exploitation monopoly.

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