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ARTICLE · 12 APRIL 2018

Bolar Exemption In India

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Section 107A of the Indian Patent Act is known as India's Bolar Exemption.

IndiaIntellectual Property

Section 107A of the Indian Patent Act is known as India's Bolar Exemption. The fundamental objective of Section 107A is to delineate certain acts which are not to be considered as infringement.

The relevant section has been reiterated below- "For the purposes of this Act- (a) any act of making, constructing, using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction, use, sale or import of any product;

(b) Importation of patented products by any person from a person, who is duly authorized under the law to produce and sell or distribute the product, Shall not be considered as an infringement of patent rights"

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