The Research Of Bolar Exception Rule In Patent Law

As a sort of special product which is related to life and health,medicine is controlled by complete system of administration,including the patent protection system and the registration system.The researched topic of this essay,Bolar Exception is a reflection of the relation of them.It is the significant regulation of medicine patent protection and it plays an underestimated role.Bolar Exception was originated in the United States and it was accepted and established in many countries and regions.In 2008,China completed the third revision of the Patent Law,in Article 69 adding the Item(5).This provision is the international Bolar Exception.It means that China burdened the its international responsibility offered by TRIPS,at the meantime,the establishment of Bolar Exception would bring opportunities as well as challenges to the generic drugs industry.This essay takes the methods of comparison and cases research,combing with the practice of Bolar Exception in China,trying to figure the stubborn problems out.This essay includes 3 parts:FOREWORD,TEXT and CONCLUSION.And the TEXT has 4 chapters.The 1st chapter is on the theoretical basis and origin by carding the foundations and then stretching out to the admission by WTO so that we could learn about things about the rationality and legitimacy of Bolar Exception.The 2nd chapter introduces the different modes and development processes in diverse countries and regions,which would help us have a good command of design of Bolar Exception and find the reason why we have to consummate it.The 3rd chapter and the 4th chapter are the most important 2 chapters in this essay.In the 3rd chapter,the background of importing and development of Bolar Exception in China,the difficulties in the practices and the emphasized analysis of Article 69(5)are particularly discussed.And the last chapter emphasizes in the advices and problem solving methods.In this chapter,WHY and HOW problems solving mode is used to express the importance and necessity of supporting systems.