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For example, in the US an extension is based on the first regulatory approval date of the product.144 The apap site tramadol same approach is taken in the EU.145 Submissions refer to two court decisions, H Lundbeck A/S v Aiphaparm Pty Ltd [2009] FCAFC 70 and Merck & Co Inc v Arrow Pharmaceuticals Ltd [2003] FCA 1344 to illustrate their concerns. In Lundbeck the court found that an extension for the product Lexapro, a purified form of the enantiomer escitalopram, should have been based on the earlier listing of Cipramil: the racemate containing citalopram safe to buy xanax online and escitalopram. Cipramil had been registered on the ARTG six years prior to the registration of Lexapro.

Despite finding that escitalopram was novel and inventive in light of Cipramil the court found that the relevant date for the extension of term was the date of listing of Cipramil: Cipramil being a product 'containing' escitalopram. In Merck it was held that where an earlier ARTG registration contained the substance for which an extension was sought, even as a mere impurity, it was the earlier registration that was relevant for the first regulatory approval date. Many submissions suggest that s.70(3) should be amended so that the relevant ARTG listing is related to the product claimed by the patent. The Law Council submits: Section 70 should be amended so that the basis for an extension is the first inclusion on the ARTG of a therapeutic good the marketing of which would otherwise infringe the claims of the relevant patent.146 6.9.3. Analysis The stated purpose of the extension of term provisions in the explanatory memorandum to the amending legislation was to compensate pharmaceutical companies for the time taken for pharmaceutical products to reach the market.

It was envisaged safe to buy xanax online that the provisions would provide an effective patent life that was closer to those available in other fields of technology, and would ensure that Australia had a patent system that was comparable with other developed nations.147 In light of tylenol vs oxycodone the Lundbeck and Merck cases, it is arguable that the provisions are inconsistent with the original intentions of the Parliament. While the Lundbeck decision has been criticised for interpreting "contains" too broadly, this interpretation currently stands. The High Court of Australia considered that the approach taken was not attended with sufficient doubt to warrant grant of an application for special leave to safe to buy xanax online appeal.148 The question then arises as to whether the legislation should be safe to buy xanax online amended to be more consistent with the original intentions.



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