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Australia's data protection provisions comply with our international obligations.

The World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) requires World Trade Organisation (WTO) Members to "protect test data against unfair commercial use" and disclosure,325 while the AUSFTA requires Australia to provide at least five years apap site tramadol data protection, which is limited to undisclosed data.326 9.1.5. Data protection and the patent system Data protection operates separately but often in parallel to the patent system.

Typically, buy tramadol 400mg the period of data protection will overlap the patent period. For patents that have received an extension of term in Australia under the current provisions, the effective patent life has been greater than 5 years (that is, greater than the length of data protection) in all cases. In 98% of cases, these patents had an effective patent life exceeding data protection by 2 years or more.327 These data do not include patents which did not receive an extension of term. However, buy tramadol 400mg using the 20 year expiry date for patents in the data set reveals that, if no extension of term had been available, 89% would have had an effective patent life longer than the 5 year data buy tramadol 400mg protection period and that in 78% of cases the effective patent life would have exceeded data protection by 2 years or more.328 Notwithstanding the fact that patent protection extends beyond data protection in most cases, data protection does provide additional certainty of market exclusivity for two key reasons.

Firstly, the validity buy tramadol 400mg of the data protection provided is not expected to be challenged in the way a patent may phentermine tetracycline be. Secondly, data protection is effectively enforced by the regulator and hence does not rely on the active enforcement by the originator. Hence, even where a patent is in force, the increased certainty of data protection is likely to be of value from the hydrocodone medication online perspective of the originator.

Submissions A number of submissions argue329 that the length of phentermine snake viagra xanax data protection is too short in Australia and should be increased to match the length offered in other jurisdictions such as the US, EU and Japan. As shown above, where a pharmaceutical product is the subject of patent protection and data protection, patent expiry typically determines when competitors may enter the market. In Europe where longer periods of data protection are available, studies have shown that very few high-selling drugs gain further marketing monopoly from data protection, particularly where the patent term had been extended.330 Extending the duration of data protection might, however, be valuable to sponsors in cases where there is no patent protection because a patent was never sought, was not granted or has already expired. In some circumstances, there might also be public benefit in extending the data protection period - or using another policy instrument, such as buy tramadol 400mg subsidies - if the product offers important therapeutic benefits and the currently available data protection period of five years provides insufficient incentive for the sponsor to recover expenses required to bring the product to market in Australia.



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