Delhi HC Division Bench Affirms that Export is Allowed under India’s Bolar Exception: Propounds ‘Reasonable Relation’ Test

(This post has been co-authored with Bhavik Shukla, a 4th year student at NLIU, Bhopal) Recently, in a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court, upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes is also covered under Section 107A of the Patents Act, 1970 (India’s Bolar exception), and thus does not amount to patent…
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