Recent court orders in patent suits on limits of Bolar exemption: Shrinking space for pharmaceutical generic companies in India?

Abstract

The generic pharmaceutical sector in India transformed over the last few decades. However, certain recent judicial developments may impact the flexibility that generic companies have for development of future generics. This article looks at some of these developments. The developments covered are: a) interpretation and application of the Bolar flexibilities and b) hurdles in claiming use under S.107 A.