Study On The Application Of Law On BOLAR Exception

Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) is international agreement about protection of intellectual property rights, which makes the protection of intellectual property rights be included to WTO. This agreement enacts a serials of exception clause, and there is Article 30 general exceptions. This obscure legal article bestows every member on great free space to make law, while reports made by WTO panels for EU bringing a lawsuit to Canada-Patent Protection of Pharmaceutical Products provide a effective explanation to this article. Now, markets are international and Chinese medicine also faces international challenge. Meanwhile, the third amendments to the Patent Law in China is carried out on 2009 and exceptional rules about BOLAR plays an important role in our state medicine industry. In this circumstance, the essay is to research how China makes the exceptional rules about BOLAR much more better and then puts them into practice to protect state medicine industry on the way to the world.Part One is give a brief description about the meaning of Article 30. First, it talks about the content, the character and its application. Then it focuses on reports made by panels about EU bringing a suit against Canada-Patent Protection of Pharmaceutical Products, and also explains and analyzes main terms of conditions in the article. Finally, it will generally describe exception kinds in the world according to this article and then it has the research key points—BOLAR exception.Part Two will probe BOLAR exception in the theoretical aspects, which includes its origin, the reason for unique application in the field of medicine, suitable usage and its function in the medicine industry. The theory base for the article existence in the countries is clear and the necessity and timeliness for China to introduce BOLAR exception is also explained.Part Three is the conclusion about BOLAR exception practice in some countries. This part mainly talks from judgment on BOLAR exception case to probe its application in the reality. This essay summarizes some classical cases about it from America, Canada, Japan, Isael, and Europe and sum ups practical experiences of BOLAR exception application. Part Four and is the key and original parts.Part Four is from the third amendments to the Patent Law in China. It researches the development history of BOLAR exception's related rules. According to analysis two cases, it probes the practice before No. 69.1(5) is carried out in China. Then it researches its effect on our country's medicine after introducing BOLAR exception and problems that tradesman of medicine should pay attention to. And then, this part is about the problems and obstacles which China will face in applying BOLAR exception's related rules. Some ways to handling some are brought out and conclusions. Finally, we can conclude that China should be fast to perfect organs and legal systems related to BOLAR exception and strengthen communication with foreign countries and learn from them. In this way, we can make BOLAR exception develop better and faster in China, which will advance medicine much more healthier and faster. Then medicine can serve public far better and protect public health in the maximum extent.