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  • How are pharmaceutical patent term extensions justified? Australia's evolving scheme

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    90723_1.pdf (138.1Kb)
    Author(s)
    Lawson, Charles
    Griffith University Author(s)
    Lawson, Charles
    Year published
    2013
    Metadata
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    Abstract
    This article examines the evolving patent term extension schemes under the Patents Act 1903 (Cth), the Patents Act 1952 (Cth) and the Patents Act 1990 (Cth). The analysis traces the change from "inadequate remuneration" to a scheme directed specifically at certain pharmaceuticals. An examination of the policy justification shows there are legitimate questions about the desirability of any extension. The article concludes that key information provisions in the Patents Act 1990 (Cth) that might assist a better policy analysis are presently not working and that any justification needs evidence demonstrating that the benefits ...
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    This article examines the evolving patent term extension schemes under the Patents Act 1903 (Cth), the Patents Act 1952 (Cth) and the Patents Act 1990 (Cth). The analysis traces the change from "inadequate remuneration" to a scheme directed specifically at certain pharmaceuticals. An examination of the policy justification shows there are legitimate questions about the desirability of any extension. The article concludes that key information provisions in the Patents Act 1990 (Cth) that might assist a better policy analysis are presently not working and that any justification needs evidence demonstrating that the benefits of patent term extensions to the community as a whole outweigh the costs and that the objectives of extensions can only be achieved by restricting competition.
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    Journal Title
    Journal of Law and Medicine.
    Volume
    21
    Issue
    2
    Publisher URI
    http://www.thomsonreuters.com.au/journal-of-law-and-medicine-online/productdetail/97183
    Copyright Statement
    © 2013 Thomson Legal & Regulatory Limited. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Biomedical and clinical sciences
    Law and legal studies
    Intellectual property law
    Philosophy and religious studies
    Publication URI
    http://hdl.handle.net/10072/58319
    Collection
    • Journal articles

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