Wyjątek Bolara – rozważania na gruncie wyroku Sądu Najwyższego z dnia 23 października 2013 r., IV CSK 92/13
Bolar exception – considerations on the verdict passed by the Supreme Court on October 23, 2013, IV CSK 92/13

Summary/Abstract: This paper concerns the first verdict passed by the Supreme Court on the issue of Bolar exception. The verdict of October 23, 2013 was a breakthrough in the interpretation of the regulations of industrial property law and pharmaceutical law. The Supreme Court’s position as regards the interpretation of the notion of „offer” as understood by the Act on industrial property law is justified. On account of the circumstances presented, it should be emphasized that the activity of the defendant in respect of advertising the feasibility of manufacturing a substance covered by the plaintiff ’s patent on the Internet, and in an international periodical, constitute breaching of said patent. It is not justifiable to deem that this does not constitute an offer as understood by the regulations of the civil code, and that publishing the information on the Internet or in an international periodical does not infringe the patent.

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