As we recently reported here, a referral has been made to the Court of Justice of the EU regarding the scope of the Bolar provisions.  The case has now been allocated number C-661/13 and the UK Intellectual Property Office has invited comments on whether the UK should submit observations and intervene in this case.

The deadline for providing comments to the IPO is 11 February 2014.  This is a tight deadline, but the IPO has indicated that it is sufficient to provide an indication as to whether the UK should intervene, together with brief comments about how the questions that have been referred to the CJEU should be answered.  Thus, a simple e-mail to will suffice.

The UK has until 8 April 2014 to lodge observations with the CJEU, and the IPO has indicated that it would welcome more detailed follow-up comments during this period.