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Dissertation
Immaterialgüter- und Wettbewerbsrecht

The Experimental Use Exemption in the Italian and in the EU Patent System and the Other Free Uses of the Patented Invention

The project analyses the scope of the experimental use exception in the Italian und in the EU patent system, as well as a number of other exceptions, such as private use, the “Bolar” exception and the preparation of prescribed medicines in pharmacies (galenic exception). In particular, the project is meant to survey the compass within is possible to give a broad interpretation of the relevant rules, in order to guarantee a fair balance between the protective instruments of patent law and the need to guarantee the freedom of researchers to operate without undue burdens.

Last Update: 01.03.12

The practical importance of the experimental use exception is well-established at an international level and is gaining more and more consideration by Italian courts. It is likely that its application will further increase in the following years, especially in the light of the ongoing investments in biotechnological research. In this framework, the comparative analysis of the legislation and case law of other member States plays a fundamental role. In particular, the project focuses on the German, English, Swiss, Dutch and French one. Such an analysis is fundamental in order to pursue a uniform interpration of these rules in accordance with the EU legislation, also in the light of the future Regulation on the European Patent. At international level is fundamental to consider also the TRIPS Agreement. It doesn’t regulate the experimental exception, but art. 30 prescribes three general conditions under which member States «may provide exceptions to the exclusive rights conferred by a patent». Therefore, this provision plays a pivotal role for the exegesis of the national rules recognizing the lawfulness of certain experimental activities.

In this framework, the research projects aims also to analyze the application of the experimental use exceptions having regard to the different stages of research activities or to the different ways it can be carried on.

Persons

Doctoral Student

Linda Briceno

Supervisor

Dr. Matthias Lamping

Doctoral Supervisor

Prof. Dr. Gustavo Ghidini

Main Areas of Research

Schutzgrenzen im Immaterialgüterrecht