The Maltese interpretation of the Bolar provision has contributed to encourage the re-location and the launch of various branches and agencies of large and medium sized pharmaceutical companies.
The University of Malta each year invests considerably in its medicine related faculties. Over the years, a number of Maltese specialists have managed to make an international name in the health sphere.
Some Maltese consultants working in the Maltese medical sphere from time to time also offer their services and expertise in international fora. The exports and employment generated by the Pharmaceutical sector including the medical devices sector in Malta have increased exuberantly since 2005. Full time (FTE) equivalent employment in this sector was circa 74% higher in 2010 than in 2005. Employment in this sector as at September 2011 stood at 1,160 FTE employees. The exports generated by the Pharmaceutical sector in 2010 when compared to 2005 were 278% higher and amounted to €212.1 million.
Malta provides high skilled graduates that are one of the main inputs for pharmaceutical companies in developing and producing their products. The fact that Malta provides the adequate labour force for pharmaceutical companies also serves as a motivating factor both for new pharmaceutical companies to open their operations in Malta as well as for the present companies to expand their operations even further. In fact, Malta has managed to attract a number of new pharmaceutical companies. At the same time a number of companies who were operating from Malta expanded their operations even further.
Another advantage lies within the Bolar provision. Although other countries might have a Bolar provision the key advantage that Malta has build lies in its interpretation. The Maltese interpretation of the Bolar provision has contributed to encourage the re-location and the launch of various branches and agencies of large and medium sized pharmaceutical companies.
Comparing the Maltese interpretation of the Bolar provision to other European countries’ interpretation and assessing the amount of pharmaceutical companies which re-locate to Malta on an annual basis, it is clear that the Maltese interpretation of the Bolar provision has, and remains to be, a positive move within the sphere of Maltese patents law.*
* Source Malta Enterprise.