Intellectual Property / Patent / Copyright Law Monthly List of Titles published under HK and UK Jurisdictions

Experimental Use and Bolar Exemptions

Edited by David Gilat · Charles A. Boulakia · Daphne Derouane · Ralph Nack
Kluwer Law International October 2025

Specifications

ISBN-13
9789403518695
Publisher
Kluwer Law International
Publication
October 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Details

This book explores one of the most contested and thought-provoking questions in patent law: the limits of patent protection. At the heart of this debate lie two crucial legal exemptions—the Experimental Use exemption and the Bolar-type exemption—both of which strike delicate balances between private rights and the public good.

The Experimental Use exemption, with roots in 19th-century case law, was designed to foster technological progress by excepting research and innovation from the realm of patent infringement. By contrast, the Bolar-type exemption emerged in the 1980s in response to the public interest in offering affordable medicines, represented by the generic pharmaceutical industry. Their distinct rationales have led to diverging interpretations and implementations across the globe, creating uncertainty for legislators, innovators, and industry alike.

Through analysis of landmark cases, statutory developments, and comparative insights from many jurisdictions over the world, the book reveals the ongoing tensions between innovation policy, access to medicines, and the harmonization of international patent law. It also highlights new challenges posed by emerging technologies such as biologics and biosimilars, which further complicate the scope of these exemptions.

A vital resource for legislators, policymakers, patent practitioners, and scholars, this book provides essential guidance on navigating the complexities of infringement exemptions worldwide. It will also serve as an indispensable reference for global companies advising their R&D organizations in a fragmented legal landscape.

Table of Contents

About the Editors
About the Contributors
Foreword
1.
Introduction
2.
Argentina
3.
Australia
4.
Belgium
5.
Brazil
6.
Canada
7.
Chile
8.
China
9.
Colombia
10.
Croatia
11.
Cyprus
12.
Czech Republic
13.
Denmark
14.
Ecuador
15.
El Salvador
16.
Finland
17.
France
18.
Germany
19.
Greece
20.
Hungary
21.
India
22.
Ireland
23.
Israel
24.
Italy
25.
Japan
26.
Mexico
27.
The Netherlands
28.
Norway
29.
Peru
30.
Poland
31.
Portugal
32.
Singapore
33.
South Africa
34.
South Korea
35.
Spain
36.
Sweden
37.
Switzerland
38.
Taiwan
39.
Türkiye
40.
Unified Patent Court
41.
United Kingdom
42.
United States
43.
Uruguay
HKD 1,775.28 −3%
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