Bolar Exemption of the TRIPS Flexibilities : A comparative analysis between the US, Finland and China, of patenting pharmaceuticals and access to vaccines during COVID-19

Sammanfattning: In this thesis, the aim is to address the persistent challenges posed by differing perspectives despite the establishment of the TRIPS agreement, which serves as a shared foundation for addressing legal and practical gaps among jurisdictions worldwide. The focus is on analyzing the Bolar exemptions within TRIPS Flexibilities for pharmaceutical patents in three specific regions: the Republic of Finland, the People's Republic of China (China), and the United States (the US). By employing a hierarchical approach that incorporates deductive theory, examination of legal cases, and literature review, this research aims to identify and resolve disparities between these jurisdictions. Both international law and national legal systems are scrutinized to ensure comparability across the three continents. Ultimately, the study presents a comprehensive assessment of the advantages and disadvantages associated with implementing Bolar provisions in each country, particularly in the context of facilitating access to vaccines during the COVID-19 pandemic.