Article 53 (3) Dutch Patents Act

As of Feb. 1, 2019, the Dutch Patents Act 1995 (DPA) was amended to include a limitation of the exclusive right of the holder of a patent on a medicine. The exclusive right now includes an important exception in DPA Article 53(3):

The exclusive right…does not extend to the preparation for immediate use for individuals on the basis of a medical prescription of medicines in pharmacies, nor acts concerning the medicines so prepared.

This GT Alert examines this limitation. Under what conditions is a pharmacist allowed to prepare a patented medicine?

Click here to read the full alert.