Morning commuters cross a road. (Photographer: Takaaki Iwabu/Bloomberg)
A recent judgment by a division bench of the Delhi High Court, upholding a judgment of a single judge, has interpreted the scope of the ‘Bolar’ exception in Indian patent law, to allow for the export of patented pharmaceutical substance for the purposes of generating regulatory information required to secure marketing approval. This interpretation could result in Indian patent law running afoul of India’s obligations under the Agreem...