“Bolar Exemption (Solifenacin) – Germany”

• 1. Only the person conducting experiments or research may rely on the Bolar or experimental use exemptions. An offeror or seller of the patented substance may not rely on these exemptions by arguing that the buyer will conduct the experiments covered by their scope.

• 2. Persons other than the one conducting experiments or research covered by the Bolar or experimental use exemptions may rely on that exemption only as co-organiser of the experiment, having own interest in the approval or authorisation, or in the results of the studies and trials. Where such interest does not go beyond economic profits from the transactions with the buyer, there is no sufficient ground for the application of the exemptions.