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Similarly, the Patents Act does not currently have an objects clause. However, in its response to the Senate Community Affairs Gene Patents Report, the Government committed to introducing an objects clause to give effect to the intention that patents should not lead to patients being org 18 order phentermine denied reasonable access to healthcare.387 The Panel understands that progress on developing the clause, including public consultation, will commence later this year. The Panel supports the Government's decision to introduce such a clause in the Patents Act. Draft recommendation 10.2: When drafting the objects clause to be inserted in the Patents Act, as agreed 4.0 50 advanced build order phentermine statistics web to in the Government's response to the Senate Community Affairs Committee's Gene Patents report, the Government should take into account that the purpose of the legislation is •further Australia's national interest and enhance the well-being of Australians, including by providing reasonable access to healthcare; and •provide strong, targeted IP protection order valium buy now tramadol - but only up to the point at which the costs (to consumers and the impediments of 'follow on innovation') are no greater than the benefits of incentivising innovation that would otherwise not occur. Appendices Appendix A: Terms of reference The review will evaluate whether the system for pharmaceutical patents is effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry. Central to this will be an analysis of the pharmaceutical extension of term provisions of the Patents Act 1990 (s.70). The review will also consider whether there is evidence that the patent system is being used to extend pharmaceutical monopolies at the expense of new market entrants. In doing this, the review will consider how patents for new formulations are granted, consider the treatment of new methods of manufacturing and new uses of known products, the impact of contributory infringement provisions and the impacts of extending patent monopolies on entry of generic pharmaceuticals into the market. Should such evidence be found, the review should provide an assessment of the subsequent impact on competition, innovation and investment. In conducting the review and making recommendations the panel is to have regard 1.The availability of competitively priced pharmaceuticals in the Australian market 2.The role of Australia's patent system in fostering innovation and hence to bringing new pharmaceuticals and medical technologies to the market 3.The role of the patent system in providing employment and investment in research and industry 4.The range of international approaches to extensions of term and arrangements for pharmaceutical inventions 5.Australia's obligations under international agreements (including free trade agreements and the World Trade Organisation agreements) 6.Australia's position as a net importer of patents and medicines. Appendix B: order valium buy now tramadol Relevant provisions from international agreements TRIPS Agreement, Part II, Section 5 Article 27 - Patentable Subject Matter 1.Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.388 Subject to paragraph 4 of Article 65, paragraph 8 of app tramadol Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced. 2.Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law. 3.Members may also exclude from patentability: (a)diagnostic, therapeutic and surgical methods for the treatment of humans or animals; (b)plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.



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