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The dispute panel found that "limited" meant "only a small diminution of the rights in question"78 and restricting the exception to the extension period in a manner that does not commercially affect the patentee may satisfy this. However, in light of the stockpiling decision it is possible that a limit on quantity would be required; •must not "unreasonably conflict with a normal exploitation of the patent". The dispute panel found that the normal exploitation of the patent "is to exclude all forms of competition that could detract significantly from the economic returns anticipated from a patent's grant of market exclusivity".79 An exception limited to the extension of term period and only for export to countries where the patent would not be infringed buy tramadol page q tramadol hcl may satisfy this, as there would be no commercial effect on the patentee, either in domestic or foreign markets. The exception would simply enable the manufacturing of generics that is currently taking place in other countries to take place in Australia; and • must not "unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties". The dispute panel found legitimate interests to be broader than simply legal interests and to include policy considerations, such as enabling experimentation to occur under an experimental use exception.80 An MFE exception may meet this criterion because the patentee does not have a legitimate interest in hampering the Australian generics export industry from Australia with no benefit to itself. AUSFTA Little guidance is available on the intent and interpretation of AUSFTA regarding MFE and stockpiling. One can argue that MFE would not be consistent with AUSFTA. The Side Letter explaining that MFE for regulatory purposes is permitted does buy tramadol page q tramadol hcl not mention other forms of MFE during the extension period. Though some differ, many argue that this means that, MFE more generally is unlikely to be consistent with buy tramadol page q tramadol hcl AUSFTA. Similarly, a general exception for stockpiling is unlikely to be consistent with AUSFTA as it contains the same limits on exceptions as TRIPS which are likely to be interpreted in the same way.

A limited exception for the stockpiling of products made for the purpose of obtaining marketing approval may be buy tramadol page q tramadol hcl consistent with AUSFTA; however its value to generic manufacturers would also be limited. Given the current difficulties under AUSFTA and the clear benefits of both MFE and stockpiling and the limited costs in the case of stockpiling and the negligible costs in the case of MFE, the Panel considers that Australia should vigorously pursue the cause of both exceptions in bilateral, plurilateral and multilateral international forums, as recommended in Chapter 3. Other jurisdictions The Panel is not aware of any jurisdiction that allows MFE during the standard 20 year patent term.81 The situation in Israel is discussed below.

The US does not allow MFE for normal commercial purposes and explicitly prohibits the export of the components of a patented invention in such a way as to encourage their assembly outside of the US.82 The drugs com tramadol Panel is not aware of any jurisdiction that is a WTO member and allows general stockpiling, as opposed to limited stockpiling in order to seek regulatory approval. Israel and extensions of patent term Israel has strong pharmaceutical and biotech industries, with domestic revenues of $US1.9 billion and exports of around $US6 billion in 2012.83 The industry comprises over 1,000 life sciences companies (biopharma and medical devices).



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