Informal consultation on the UK bolar and research exemptions
In its Plan for Growth published in March, the UK Government committed to ensure that the intellectual property system in the UK supports life sciences companies.
The UK Intellectual Property Office published its informal consultation on 5 June on two exemptions to patent Infringement in the UK, the experimental use exemption (also called the research exemption) and the bolar exemption and whether, as currently implemented in the UK, these exemptions to patent infringement:
- Strike the right balance between the exclusive rights granted to patent holders and the need for companies in the life sciences sector to carry out field studies and clinical trials and
- Are factors influencing the commercial and strategic decisions of life sciences companies such as where to conduct clinical trials?
This consultation follows on from the informal consultation on the research exemption carried out in July 2008 which followed a recommendation for clarification of the scope of the research exemption in Andrew Gowers’ Review of Intellectual Property Law in December 2006. The bolar provision was outside the scope of this earlier consultation; surprisingly so, as it is difficult and probably unrealistic to separate the two.
Lawyers Helen Cline
