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Early notification would provide originators with more certainty about foradil actos aciphex aciphex phentermine actos the business plans of their competitors, thereby enabling them to foradil actos aciphex aciphex phentermine actos engage in steps which hinder generics gaining market share. Such steps might include the originator introducing its own generic version, licensing out to other generics and/or moving patients onto an equivalent but patented formulation of the pharmaceutical. However, this is balanced by early notification reducing the likelihood of the originator foradil actos aciphex aciphex phentermine actos needing to seek an interlocutory injunction because there would be sufficient time to try other mechanisms to resolve issues before the regulatory approval was given and the generic could enter the market. Interlocutory injunctions are discussed in more detail at section 8.3 of this Chapter. Generic manufacturers also argue that they face a substantial burden in conducting searches in order to comply with s.26B(1). However, there are various databases that can be used to identify patents relevant to particular therapeutic goods. There are professional search companies which conduct patent searches.

The costs of undertaking such services are small compared to the cost of bringing a product to market. Also, it would be expected that a generic manufacturer would conduct a comprehensive search of the patent landscape to determine where they had freedom to operate before commencing the activities, and committing the costs, necessary to bring a generic drug to market.

The Panel also notes that the risk of an infringement action endone oxycodone being foradil actos aciphex aciphex phentermine actos brought against a generic manufacturer appears to be far greater than the risk of legal action for providing a false patent certificate. Nonetheless, the Panel considers that there would be public benefit in requiring originators seeking listing india pharmacies ativan valium xanax of a drug on the ARTG to disclose the patents relating to their product on a public register. This would enable competitors to more easily identify which patents are relevant to their plans. A system which requires the listing of relevant patents against a therapeutic good would be consistent with the aims of the patent system, one of which is to publish IP rights information to enable competitors to determine their freedom to operate. The disclosure of the boundaries of IP rights should be made as clear as possible, as it is for foradil actos aciphex aciphex phentermine actos most other important property rights.

It is not clear to the Panel that section 26B(1)(a) in its current form provides a mechanism for notification which adequately balances the reasonable needs of originators and potential generic manufacturers. The Panel is willing to consider whether s.26B(1)(a) should be amended to require notification to patentees by generic manufacturers of their intention to enter the market.

This would need to be done in association with a system which provides potential generic manufacturers with increased certainty about all patents associated with a therapeutic good. Certificate Standards Section 26B(1)(a) requires that the certificate be provided in good faith and with belief on reasonable grounds that a valid patent claim will not be infringed by the marketing of the goods.

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