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However, the Panel considers that constraining MFE in Australia is of negligible value to the owner of an Australian patent, whether this be an international pharmaceutical company or not. This is because it is not possible to stop the manufacture of generics in countries where the patent has expired. As discussed in Chapter 3, the Panel considers that IP rights need to targeted and parsimonious. The biggest benefit which the parties to the AUSFTA can hope to derive from having a no-export clause is to curb the growth of a generic export industry in the other party. This outcome, of course, is the opposite of what countries should be seeking from trade agreements: to increase world and national incomes by freeing industry development from artificial, income-reducing constraints.

It also undermines the outcome that champions of strong IP claim- namely that strong IP underpins local investment.

In the situation where MFE is not allowed the opposite is the case, because local generic manufacturers are put at a disadvantage vis-a-vis generic buy cheap online pharmacy phentermine phentermine manufacturers in other jurisdictions. Moreover any benefit to either party to the AUSFTA of reducing investment in the generic pharmaceutical industry in the other is negligible, because, the drug interaction wtih oxycontin former party is unlikely to gain the investment. In all the situations of which the Panel is aware, the investment has gone to countries with lower levels of IP protection and/or no patent extensions such as India, Canada, New Zealand and Israel. In Chapter 3 the Panel recommended that the Government take an active leadership role in pursuing changes to IP laws internationally that are in its national interest. For MFE, an interim approach is to introduce an exception that effects oxycontin is likely to be consistent with international agreements, as discussed above. The Panel considers that such an exception would be too limited to be of significant value.

A preferred option is that the Government actively seek the agreement of the owners of Australian pharmaceutical patents to voluntarily agree not to enforce their patents in respect of MFE.

This would enable MFE to effects oxycontin occur without changes to international treaties or domestic law being necessary.

This may be feasible due to the advantages this would provide to generic manufacturers and minimal disadvantages to patentees. Patentees may be encouraged to agree through a sense of corporate social responsibility and in order to avoid contributing to a situation in which countries which have, at the urging of pharmaceutical companies, effects oxycontin agreed to extend patent protection only to see investment for export being lost to countries providing shorter periods and/or effects oxycontin less expansive patent protection.

This is not in their interests, and most assuredly not in the interests of those countries which have responded to their entreaties. Draft Recommendation 4.1: As an interim measure, the Government should actively seek the agreement of the owners of Australian pharmaceutical patents to voluntarily agree not to enforce their patents in respect of manufacturing for export. MFE has been raised as an issue in Australia several times since hydrocodone app the commencement of TRIPS in 1995. As discussed above, in 2003 the PC considered MFE in response to concerns raised by the generic pharmaceutical sector and recommended that the matter be addressed.

Around the same time, negotiations were underway between Australia and the US on the AUSFTA, resulting in its commencement in 2005. Export for regulatory approval was an issue, resulting in the provisions outlined above. However, there is no clear evidence that MFE was actively considered during negotiations for AUSFTA, or for implementation domestically. In the mid 2000s and then again in the late 2000s, generic manufacturers lobbied the Government to enable it to export patented pharmaceuticals to generic markets.

Hospira provided to the Government detailed analysis of market share foregone in other countries.



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