نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The Boller exception is one of the most important restrictions on exclusive rights arising from inventions in the field of medicine, which was formed with the aim of preventing the practical extension of the monopoly after the end of the legal period of protection. In order to enter the market, generic drug manufacturers are forced to conduct technical tests, bioequivalence studies, prepare samples, and complete the necessary documents to obtain a license from the competent authorities. The prohibition of performing these measures until the end of the patent validity period causes the administrative process of obtaining a license to begin after the expiration of the right, and the patent holder, in addition to the legal period, practically enjoys an additional period without a basis for protection. The present study uses a descriptive-analytical method. The findings of the study show that the Boller exception is different from traditional experimental use, because its purpose is not simply to scientifically understand or examine the nature of the invention, but to carry out the necessary activities to go through the regulatory procedures and legally enter the alternative product into the market after the expiration of the patent. And at the international level, it can be justified by observing the conditions of the three-step test of Article 30 of the TRIPS Agreement.
کلیدواژهها English