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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, exclusions from patenting for the protection of human life or health.64 Australian law is compliant with the TRIPS Agreement and so it gives a patentee exclusive rights, during the term of the patent, to exploit the invention and to authorise another person to exploit it. 'Exploit', for a product invention, includes making, hiring, selling or otherwise disposing of the product, using it or importing it. For buy tramadol without rx a process invention, exploit includes using the process to do any of these acts.65 There are some exceptions to these rights which are permitted under TRIPS and AUSFTA because they do not unreasonably conflict with the normal exploitation of the patent. Thus AUSFTA provides an buy online valium xanax exception enabling a Party who is not the patent holder to seek marketing approval for the relevant pharmaceutical products. It also provides that, if Australia permits exportation, the product shall only be exported for the purposes of meeting marketing approval requirements of Australia.66 A Side Letter between the parties to AUSFTA elaborates on hydrocone vs oxycodone this requirement stating that, where an extension of term has been granted, the use and export of the patented product to obtain marketing approval in Australia or in another country is not an infringement.67 No other exceptions are specified. Accordingly, Australian law buy tramadol without rx provides that a person who exploits an invention solely for the purpose of obtaining inclusion in the ARTG or similar approval in a foreign country will not infringe a pharmaceutical patent. Manufacture for export and stockpiling On buy tramadol without rx a literal interpretation of Australian law, manufacturing a patented product or using a patented process solely for export to another country where the corresponding patent does not exist or has come to the end of its term (MFE) is most likely not allowed without the authorisation of the patentee.
MFE would involve one or more of the exclusive rights of the patentee - making, hiring, selling or otherwise disposing of the patented product, using it or importing it. The exception from infringement for regulatory approval of a pharmaceutical does allow manufacturing of a patented product for export to another country, but only in very limited circumstances that would not apply to MFE generally. In recent years a number of manufacturers of generic pharmaceuticals have asked Australia's Government to change the law to enable some types of manufacturing for export.68 It seems likely that similar entreaties would have been made to other governments as the prohibition of MFE is widespread if not universal, and widely seen to be required by TRIPS. A literal interpretation of Australian law also suggests that stockpiling a patented product during the term of the patent without the patentee's permission, for sale upon expiry of the patent, currently also constitutes patent infringement.69 This is because the exclusive rights of a patentee include making a patented product or keeping it for the purpose of hiring, selling or otherwise disposing of it.
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