The High Court has granted special leave to Aspen Pharma to appeal from the Full Federal Court’s decision to allow Lundbeck to apply to extend the term of its patent 10 years late. The High Court was not interested at all in the exercise of the discretion to allow a 10 year extension. the question is whether a power to extend time exists at all.
The Commonwealth Government’s Pharmaceutical Patents Review has published a draft report. The draft Report is some 200 or so pages long; contains 4 draft findings and 15 draft recommendations (although recommendation 5 relating to the extension of term regime proposes 2 different alternatives). There appears to be considerable, fascinating data reported. The scope and detail of the draft report will plainly require much further consideration. At the policy level, the draft report considers.. Read More
Last month, the Parliamentary Secretary for Industry and Innovation, Mark Dreyfus, has appointed a panel to review the patenting of pharmaceuticals in Australia. Now the Panel have published a Background and Issues Paper. The Panel’s initial impressions of key issues include: a number of concerns have been raised about the length and breadth of protection provided by the extension of term provisions, that is, the duration of the extension and the types of pharmaceutical.. Read More
IP Australia has released for public comment an exposure draft of the proposed Intellectual Property Laws Amendment Bill 2012. The Bill has 2 purposes: to amend the Patents Act 1990 in light of the DOHA Declaration / TRIPS Protocol; and to confer original jurisdiction in matters arising under the Plant Breeder’s Rights Act 1994 on the Federal Magistrates Court in addition to the Federal Court’s existing jurisdiction. DOHA Declaration / TRIPS Protocol Article.. Read More