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The TRIPS Agreement also states that its members may provide some

exemptions to the exclusive patent rights if such exemption does not
unreasonably run counter with a normal use of the patent and do not

excessively prejudice the legitimate interests of the patent holder, considering
(32)
the legitimate interests of third parties. Since the TRIPS Agreement does
not explicitly define the scope of this exemptions, the WTO member states

can apply some discretion to operate on this subject. It is generally

comprehended that this provision of the Agreement grants the states the

sufficient ability to integrate a number of crucial post-grant flexibilities in their
(33)
domestic laws. This includes, inter alia, the Bolar exemptions and research
and experimental use exemptions. Notably, even though the members of the

WTO can exercise their discretion to introduce other exemptions to patent

protection, some of the WTO members, including the United States, have
construed the research and experimental exemption by narrow margin by

banning commercial use of the patented inventions derived from such research

(34)
or experimentation.

The flexibilities offered by the TRIPS Agreement leave adequate

space for the WTO member states to devise their IP laws and policies

(32)
TRIPS Agreement, Article 30.
(33)
The çBolar exemptioné permits the utilization of patented inventions for the clinical trial
and experimental proof demanded for getting regulatory approval. This permits the
manufacturers of medicines to get regulatory approval for a generic form of a protected
pharmaceutical before the patent being expired. The manufacturer can sell the approved
generic form of the patented drug promptly after the term of patent protection being
expired.
(34)
UNCTAD-ICTSD, Resource Book on TRIPS and Development: An authoritative and practical
guide to the TRIPS Agreement, 388.

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