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The required standard of belief, on reasonable grounds, effectively allows generic manufacturers to self-assess whether the generic goods would infringe a valid patent claim. Bristol-Myers Squibb submits that generics often took the view that a patent claim was not valid until tested by the courts,285 and that if a generic company had formed the view that a patent claim was invalid, it should be required to communicate that position to the patentee.286 Bristol-Myers Squibb also argues that the drafting of s.26B(1)(a) was so asianave com tramadol online broad and open to interpretation that generics could almost always file a s.asianave com tramadol online 26B(1)(a) certificate, even where a generic product would fall within the scope of a valid patent claim, thereby avoiding notifying the patentee of its intention to enter the market.287 Originator companies argue that generics should be required to notify them of intended market entry. Bristol-Myers Squibb argues that such early notification is fair because generics are relying on the data that originators have developed after years of research and substantial financial investment.288 Medicines Australia submits that originators face serious adverse consequences when a generic drug is accepted for listing on the PBS. Under current arrangements, there is an irreversible reduction in the PBS listing price, even while the originator is contesting in the courts an alleged patent infringement by the generic manufacturer.289 Should the originator succeed in its claim of patent infringement, the loss of revenues up to that time is not made good by the PBS and because the price reduction is irreversible the previous price cannot be reinstated. Furthermore, notification is a requirement of AUSFTA, and Medicines Australia states that the current provisions are inconsistent with that agreement.290 Submissions from originators such as Merck Sharp and Dohme favour the implementation of a system similar to that of the "Orange Book" used in the US (discussed below). The introduction of an Orange Book system asianave com tramadol online is also supported by organisations such as the Law Council of Australia and the Association for the Protection of Intellectual Property. Submissions from the generic sector argue that generics unfairly asianave com tramadol online bear the burden of determining which patents apply to the relevant drug in order to file a s.26B certificate.291 GMIA argues that searching is complex and that it is difficult to ensure that all relevant patents are identified.292 Similar to submissions favouring an Orange Book-style system, submissions on behalf of the generic industry argue for a system asianave com tramadol online which provides greater phentermine without a prescription that accept mastercards transparency and easier discovery of patents relating to therapeutic goods.
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