Question K – Answer

You are a farmer growing Bt-transgenic soybeans in Argentina and Humongous Company, a very large multi-national agricultural company, has a valid patent in the United States, but not in Argentina, that claims Bt-transgenic soybeans. You will be:

Answer: 3
“infringing Humongous’ patent rights by exporting Bt-transgenic soybeans to the U.S.”

Why? Patent rights can only be enforced in the country or jurisdiction where the rights are granted. By practicing a protected invention anywhere else in the world, a person would not be infringing the patent on that invention. Nevertheless, according to TRIPS and many national laws, the importation of a claimed invention into a country where the invention is subject to valid patent claims of a granted patent, for instance in the United States in this example, without the consent of the owner of the patent rights would constitute an infringement of the patent.

There are means by which a patent owner can even restrict use of its technologies in other countries where no patent has been granted. For example, by material transfer agreements (MTAs), or depending on national commercial regulations in cases where the owner carries out direct sales of the patented product, the owner could require a person that obtains the technology through sales contracts or material transfer agreements to not acquire the product through other means or to not engage in activities other than those explicitly allowed in the contract.

Return to the Quiz