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The Government response was simply that MFE was not possible under its international obligations. Yet throughout this period there is no evidence of Australian officials raising the issue in international forums or in their discussions with the US under AUSFTA. It does not appear that officials are giving the matter a high priority in their negotiations around the provisions of the TPP.

Draft Finding 4.1: Governments appear to have shown little strategic interest in the issue of MFE, despite a number of opportunities to do so and the significant potential advantages MFE could provide for Australia. If MFE had been rendered unambiguously consistent with our international obligations, it is likely that Australia's annual pharmaceutical exports would have been several hundreds of millions of dollars higher than they are. The Panel considers that not allowing stockpiling is also inconsistent with a parsimonious approach to IP rights. It is perverse that to buy phentermine without a xanax withdrawl symtoms prescription generic manufacturers in other countries can stockpile in their own markets and so be ready to enter the Australian market as soon as the patent expires, whereas Australian manufacturers cannot. The laws against MFE and stockpiling are both examples of over specification of IP rights which generates substantial costs with small to negligible benefits to originators. They are not consistent with Australia's economic interest and nor with the world's. As in the case of MFE, the options available to the Government regarding stockpiling include the introduction of an exception that is consistent to buy phentermine without a prescription with international agreements. However, it is not clear that an exception of any value would be consistent with AUSFTA. Again, this demonstrates the need for the Government to negotiate international agreements to ensure Australia's to buy phentermine without a prescription interests are taken into account.

History of pharmaceutical patent extension of term provisions Apart from the current extension of term provisions for pharmaceutical patents that was introduced in 1998, a number of other provisions have existed for extensions in certain circumstances. For example, the Patents Act 1903 and Patents Act 1952 allowed for an extension to patent terms on the grounds of inadequate remuneration from the patent or lost opportunity to exploit the patent due to war. In its 1984 report on the Australian patent system, the Industrial Property Advisory Committee (IPAC) recommended the removal of extensions of term to buy phentermine without a prescription for standard (16 year) patents. In support of this recommendation the Committee stated: In the view of the majority, in the absence of contrary empirical evidence, it strains credulity to contemplate that research or innovation investment decisions, made early in the life of the invention, could ever be materially influenced by the prospective availability of an extension after expiration of the initial 16 year term to compensate for inadequate remuneration, particularly when allowance is made for discounting. On the other hand, such extensions would increase social costs.92 The Government accepted the recommendation and repealed the general extension of term provisions through the Patents Amendment Act 1989. At the same time, the Government introduced patent term extensions specifically for pharmaceuticals. The Minister for Science, Customs and Small Business at that time, the Hon Barry Jones, said: The Government wanted to proceed with the patent term issue because of its importance as an element of its policy package to encourage the development of the pharmaceutical products industry in Australia.93 These extension of term provisions were hydrocodone with naproxen incorporated in the Patents Act 1990 and later repealed by the Patents (World Intellectual Property Organization) Act 1994 when the standard patent term was increased from 16 years to 20 years.



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