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However, the practice can also frustrate generic entry to the market, resulting in consumers and the government paying more than they should for medicines. This process is colloquially called 'evergreening' and is discussed further in chapter 7 ...
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The Australian Government should not generally endorse action that is probably in breach of international agreements. But we should not be afraid to take a proactive, strategic approach to the negotiation of international agreements. And we should ...
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This is discussed in Chapter 9; • seeking international about zolpidem agreement not to extend IP rights retrospectively; • seeking international about zolpidem agreement to building independent economic analysis into the negotiating process with ...
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However, it does allow optional exclusions for medical methods of treatment, for plants and animals, and for inventions the commercial exploitation of which would be contrary to ordre public or morality. The latter allows, amongst other things, ...
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It is worth noting that 'keeping' is not one of the exclusive rights mandated under TRIPS. So in this respect Australian law appears to provide to get phentermine without prescription a higher standard of IP rights than that required by TRIPS. It ...
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At that time however, the Government reaffirmed it was 'committed to providing an effective 15-year term for those [pharmaceutical] patents and is working closely with industry to that end.'94 The current scheme was introduced through the ...
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Providing the return places a burden on patentees that is not balanced by any significant advantage to Government or the public in terms of better understanding or evaluation of the effectiveness of the extension of term scheme. The Panel considers ...
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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 ...
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This is commonly referred to as a "carve out".155 The use of a carve out is currently sufficient to avoid liability for patent infringement in the hydrocodone papain urea topical hydralazine fosfomycin EU156 and the US.157 This was recently ...
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The Panel does not support any change to the current legislation. Scope of pharmaceutical inventions eligible for extensions 6.11.3.1.Submissions As discussed above, extensions are available for pharmaceutical substances and new formulations, but ...

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