Buy Female Viagra No Prescription, Last February, Gordon J ruled that there was no copyright in White Pages subscriber listings and (perhaps more surprisingly) Yellow Pages listings. Now, Stone J has applied IceTV (here and here) to find that copyright did not subsist in medical records held by a range of general practitioners, buy cheap Female Viagra no rx.
Primary Health Care (PHC) is a publicly listed company that has been buying up medical practices. Where can i order Female Viagra without prescription, As part of the purchase, the medical practitioner contracted to work at the new practice for a period. The vendor practice's patient records consisting of (1) consultation notes, order Female Viagra online c.o.d, (2) prescriptions and (3) referral letters were transferred to the new PHC practice. PHC claimed deductions from its income tax for depreciation of the value of the copyright said to subsist in the patient records and the Commissioner disallowed the claim, Buy Female Viagra No Prescription. Female Viagra for sale, Stone J accepted that copyright subsisted in the sample patient referral letters written by the medical practitioners and one sample consultation note (the so called di Michiel patient 6), but rejected the claim to copyright in all the other sample patient records. Her Honour did note that her ruling was not a finding that copyright could never subsist in any patient records, purchase Female Viagra online no prescription, only that it did not subsist in the particular samples addressed in the case. Buy Female Viagra from mexico, The case could easily become a ready instructional tool for students and "new" intellectual property lawyers.
The consultation notes
Each practice maintained a file for each patient. Buy Female Viagra No Prescription, The file usually consisted of a summary sheet which contained information such as the patient's name, address, age, medicare number and, sometimes, important medical issues. This information was usually taken down by the receptionist or other clerical staff, buy no prescription Female Viagra online. In addition, Female Viagra pharmacy, there were cards, or sheets of paper, or in some cases electronic records containing a series of notes entered sequentially about each consultation with the patient, Female Viagra over the counter.
All the notes recorded for di Michiel patient 6 were in fact made by Dr di Michiel himself. Order Female Viagra no prescription, In the case of all the other samples tendered in evidence, however, the individual notes were made by different practitioners: sometimes the principal, where can i buy Female Viagra online, sometimes an employee, Buy Female Viagra online no prescription, sometimes a locum and sometimes another partner in the practice.
This led to PHC's first problem, Buy Female Viagra No Prescription.
Stone J held that the consultation notes where the entries were made at different times by different practitioners were not works of joint authorship. Her Honour did accept that that, purchase Female Viagra online, at least in some cases, Female Viagra samples, the consultation notes for each patient could be seen as a continuous narrative. They were not, however, order Female Viagra, the fruits of a collaborative effort in which the contributions of each author could not be distinguished. Where can i buy cheapest Female Viagra online, To the contrary, each individual contribution could be simply identified by looking at the different handwriting for each entry. Buy Female Viagra No Prescription, (Hmm. I wonder what would happen if all the entries were made electronically and it was not possible to identify who made them?)
A first consequence of this conclusion was that large swathes of many of the consultation notes fell out of consideration as, rx free Female Viagra, following IceTV, Buy generic Female Viagra, (1) the person who had actually written them - the author - had not been identified and (2) nor was it established that those unidentified individual authors were "qualified persons" as defined in s 10(1).
The principals of the sample practices (well, some of them) were able to identify various individual entries in particular consultation notes that they had written, online buying Female Viagra. That, Order Female Viagra from mexican pharmacy, however, led to the second problem.
Some entries were simply listings of medical conditions, where can i find Female Viagra online. Three examples particularly relied on by PHC by 3 different doctors for 3 different patients were given in [127]:
(a) Triferne 28 Microgynon 20 C&N
(b) H/T, NIDDM, Asthma
(c) Hypertension, Uterine Fibroids, Pagets D, Lumbar Disc Deg
While these entries conveyed information, her Honour held that such clinical data and the names of particular medications did not
originate with the doctor who recorded them,
Buy Female Viagra No Prescription.
Some were more developed - 3 further entries for 3 different patients:
7kg – growing well. Buy cheapest Female Viagra, On fresh milk and vitamins
Now c/o diarrhoea – possibly antibiotic induced ...
Last 2/12 notices wheezy breathing if lies flat - associated with dry irritant cough - Says doesn’t feel SOB
These too "were not sufficiently substantial to qualify as works the product of independent intellectual effort
directed at expression." Stone J explained at [133]:
None of this denies the intellectual effort and professional skill needed to form the diagnoses, to select methods of treatment or to understand the significance of clinical data that is recorded, however, online buy Female Viagra without a prescription, copyright protects a form of expression not this underlying expertise.
On the other hand,
Female Viagra price, Dr di Michiel patient 6 record, which did constitute a continuous
and single work as a whole, was an original work,
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Sample prescriptions
The sample prescriptions [113]-[114] and summary notes were at [135] similarly too insubstantial to qualify "as original literary works embodying independent intellectual effort directed towards expression."
A problem of assignment
A further problem for PHC was that only one of the sale agreements included an express assignment of copyright. Buy Female Viagra no prescription, Stone J refused to infer an intention to assign the copyright, as distinct from the property in the physical record, from the sale of the medical practice as a going concern, Female Viagra from canadian pharmacy. Buy Female Viagra No Prescription, It simply wasn't necessary to infer such a term. The lack of such necessity was supported both by the fact that PHC did not claim copyright in third party documents forming part of the patients' medical records, Buy Female Viagra online cod, such as x-rays and letters from specialist consultants, and a consideration of how the records were in fact used after the sale.
No use of copyright
As to the second point, buy Female Viagra without a prescription, while PHC claimed that the copyright was used after the sale, Buy Female Viagra in canada, most of the evidence was not consistent with this. In one case, her Honour accepted that the records had been transferred into a computerised database (and so the copyright was used) but, in the other cases, the most that could be said was that some information only had been used.
Primary Health Care Limited v Commissioner of Taxation [2010] FCA 419.
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