Holger Tostmann focuses on the Bolar exemption and its aspects. He also draws the attention to the recent development that the Bolar exemption has been codified in the new Unified Patent Court Agreement (UPCA), namely in Art. 27(b) UPCA, which simply “re”-cites Art. 10(6) of Directive 2004/27/EU. No court decision related to this exemption is on record yet, which is no surprise since the UPC has only started taking cases in June of 2023. Since the entry of the UPCA into force, several EU Member States have (further) amended their national laws to implement the UPCA provisions.
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Further information on the American Intellectual Porperty Law Association (AIPLA) you find here. Dr. Tostmann is active in various AIPLA committees in the U.S., particularly in the areas of chemistry and biotechnology. He also regularly lectures on patent law topics at the annual conferences of the American Chemical Society.
