학술논문
The UK research and 'Bolar' exemptions: broadening the scope for innovation?
Document Type
Journal Article
Author
Source
J.I.P.L.P. 2013, 8(11), 837-845
Subject
Language
English
ISSN
1747-1532
Abstract
Examines the proposal to widen the scope of the UK implementation of Directive 2001/83 art.10(6), known as the "EU Bolar" experimental use exemption, under the Patents Act 1977 s.60(5) to cover clinical trials and field tests of generic drugs. Compares: (1) how the EU Bolar exemption was implemented in other Member States; and (2) the scope of the US version under the Hatch-Waxman Act 1984. Considers the implications of the narrow reading of the exemption contained in the Agreement establishing a Unified Patent Court 2013 art.27.