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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 could be argued that the intended purpose of TRIPS, AUSFTA and Australian law was to provide patentees with the exclusive rights to commercialise their inventions domestically and during the term of the patent, not drug information on tramadol to prevent export to other countries or preparation for patent expiry. There is little evidence that those drafting or negotiating TRIPS deliberated on the prospect that, by including within patent rights the exclusive right to manufacture, rather than focusing it more tightly on the essentially valuable right which is the right to sell in the domestic market, they were preventing MFE. However, the guidance available on the interpretation of TRIPS (discussed in detail below) is that because hydrocodone vs. oxycodone the right to 'make' has been legally interpreted as fundamental (even though the overwhelmingly important substantive right is the right to hydrocodone vs. oxycodone sell into the domestic market) MFE without the patentee's permission breaches the patent right.

Submissions A number of submissions argue that the pharmaceutical extension of term does hydrocodone come with naproxen system has created a major barrier to export.

The Australian patent extension provisions prohibit Australian-based manufacturers from exporting without the permission of the patent holder to countries where relevant patents have expired or never existed. Submissions argue that this prohibition disadvantages Australian generic manufacturers relative to generic manufacturers in other countries which are not subject to equivalent prohibitions. If an Australian-based company wishes to manufacture drugs for a foreign market where the relevant patent has expired, it must under current government policies establish the relevant manufacturing facility outside Australia. In her submission Dr Moir argues that not allowing MFE is a well-known inefficiency in the current system that probably does not even benefit the patentee as the overseas market will be hydrocodone vs. oxycodone supplied by companies which are not impeded in this way.70 GMiA claims that the consequences of not allowing MFE are very significant. Global launches of medicines will be delayed for Australian generic manufacturers, depriving them of the early mover advantage and making it difficult for them to compete.71 GMiA also argues that allowing MFE would have no impact on the commercial interests of Australian patentees because the generics are currently being manufactured in hydrocodone vs. oxycodone countries where the patent has expired, such as India, Israel, Canada, South Africa and China. In public hearings GMiA and Alphapharm claimed that, while Australian generics are finding it increasingly difficult to compete on price, they can compete on quality, reliability and indivisibilities, in that they can achieve economies of scale for specific health needs.

In their submission GMiA argues that MFE can be introduced in a way that is consistent with the TRIPS Agreement and AUSFTA. Israel is cited as an example of a country that has designed its patent extension system to remove barriers to trade. In public hearings, GMiA also advocated that it should not be an infringement to stockpile products during the patent term for export or sale upon expiry of the patent.



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