Recently a division bench of Delhi High Court, upheld a single
Judge decision and ruled that Section 107A of the Patent Act, 1970,
permits exports from India of 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
any other country, that regulates the manufacture, construction,
use, sale or import of any product.
Emergence of Bolar Exemption
Fundamental purpose of granting patents in pharmaceutical
invention is not only to encourage research and development but
also to make the pharmaceutical products, medicines easily
available in the market, thereby protecting health and nutrition.
Hence, keeping in mind the public health issues and problems, the
bolar exemption was introduced.
