Authorisation Of Plant Protection Products And Bolar Exemption

In this paper scrutinizing Bolar exemption in terms of plant protection products, before entering into details, it will be helpful to describe the difference between protection of a plant protection product under patent right on one side and authorisation of it on the other side. This means to say that protection of a plant protection product under patent right and authorisation and introduction of it to the market are subject to two different systems.

Patent right provides its owner with the right to ensure prevention of manufacturing and marketing of its product by third parties in the country of registration. However, to have a patent right is not adequate for launching and introduction of the product to market. A product may be introduced to market only if and after it is duly authorised by the related official authorities within the frame of national applicable laws and regulations.¹