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Amendment to Dutch Patents Act (Rijksoctrooiwet) Allows for Extemporaneous Preparation of Medicine in Certain Circumstances

Article 53 (3) Dutch Patents Act As of Feb. 1, 2019, the Dutch Patents Act 1995 (DPA) was amended to include a limitation of the exclusive right of the holder of a patent on a medicine. The exclusive right now includes an important exception in DPA Article 53(3): The exclusive right…does not extend to the … Continue Reading

Consumer Duty to Report a Lack of Conformity (Product Defect) Further Explained by Supreme Court in the Netherlands

Introduction A consumer who has purchased a nonconforming (defective) product must report the lack of conformity to the seller within two months of discovery of the deficiency. See Article 7:23, Subsection 1 of the Dutch Civil Code (DCC); and the implementation of Article 5, Subsection 2 of the European Directive 1999/44/EG, which refers to the … Continue Reading
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