The Bolar provision in Europe
A key advantage that is turning Malta into an unexpected investment location for the pharmaceutical industry is the way that Malta interprets the Bolar provision. The Bolar provision allows competitors to start developing copycat products six years after a pharmaceutical company first applies for authorisation to market a new drug, even while the drug is is still patent-protected.
Robert Wessman, chief executive of Actavis said that "Malta will be the powerhouse for western Europe for our production and increasingly for the development of new products."
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And recall the Bolar Amendment in Hatch-Waxman.
Actavis, who has its headquarters in Iceland, currently employs 320 employees in Malta. Wessman also said that the patent situation and the fact that Malta's employees cost less than half as much as in Iceland, were flexible and spoke English were all factors that encouraged Actavis to invest in Malta. The island also offers soft loans, generous tax breaks and subsidised office space
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