EC Says ‘Bolar Exemption’ Should Cover Pricing, Reimbursement & HTA Processes

Pricing and reimbursement processes as well as health technology assessments should be explicitly included in the procedures that can be conducted for generic and biosimilar products without infringing patent rights, according to the European Commission’s legislative revision proposals.

generic drugs bottle
The EU wants to facilitate the market entry of generics and biosimilars • Source: Shutterstock

Among the many novelties in the European Commission’s legislative revision package is a plan to broaden the scope of the EU “Bolar exemption,” which facilitates the early market entry of generic and biosimilar medicines once IP protections have expired for the reference products.

Under Bolar, generics and biosimilars firms can conduct certain studies and trials necessary for marketing authorization of their versions of the originator product and fulfil the “consequential practical requirements,” without

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