Monthly Archive for: ‘October, 2009’

Government unveils $196m Commercialisation Australia Initiative

On Wednesday 21 October 2009, the Government announced details of its $196m Commercialisation Australia initiative.  Commercialisation Australia (previously known as the Commonwealth Commercialisation Institute) will open in 2010 and provide tailored assistance to those wanting to commercialise their ideas. 

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Ralph Lauren and take-down notices – keeping things in proportion

A flurry of posts appeared recently on the Net as a consequence of Ralph Lauren issuing a DMCA take-down notice to the ISP of entertainment site Boing Boing.  Without attempting the summarise the broader debate on notice and take-down procedures (which, to put it mildly, is the subject of some contention), this incident is useful reminder that notice and take-down processes impose obligations on notice issuers as well as notice

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Government announces first stage of privacy reforms

On Wednesday, the Government announced its First Stage Response to the Privacy Reforms proposed by the ALRC in August 2008. It has accepted the majority of the recommendations proposed by the ALRC.  Read our Alert here.  

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Lessons about patent amendment

The Federal Court recently confirmed, in Apotex v Les Laboratoires Servier (No 2), that a patentee’s conduct is a crucial element considered by the Court in relation to the exercise of judicial discretion to amend a patent. In particular, a patentee applying for an amendment must make a full and frank disclosure of all the reasons for seeking the amendment. The amendment must be sought in good faith and without delay.

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US report says that genetic tests should be exempt from patent protection

A report prepared by an advisory committee to the Secretary of Health & Human Services in the United States has recommended that US patent law should be amended to create an exemption from liability for persons who infringe patents for genetic testing technologies.  The committee’s recommendations arise from concerns over patient access to genetic tests and the restrictive licensing arrangements between patentees and licensees to administer and exploit the genetic testing technology.

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Full Federal Court overturns injunction decision

On Friday the Full Federal Court overturned the decision by Ryan J in Wake Forest University Health Sciences v Smith and Nephew Pty Ltd to grant an injunction restraining Smith & Nephew from commercialising its negative pressure wound therapy product.

The joint judgment of Finn, Bennett and Middleton JJ is interesting for two reasons. 

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Sacré bleu! European Commission raids French pharmaceutical firms

The European antitrust watchdog this week conducted surprise raids of the French offices of several major generic pharmaceutical companies as part of a growing investigation into suspected anti competitive practices in the European pharmaceutical market.

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Mallesons congratulates Professor Elizabeth Blackburn on Nobel win

Professor Elizabeth Blackburn from Launceston, Tasmania is the first Australian woman to win a Nobel Prize. Her Prize for Medicine is an inspiration to Australian women in science.

Professor Blackburn’s work was responsible for identifying telomerase, the enzyme which forms a cap at the end of our chromosomes to protect them from damage. As cancers depend on telomerase for their continued growth, the work is particularly crucial to the development of treatments for cancer which block the activity of telomerase.

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One more small step towards a trans-Tasman Therapeutic Products Authority?

For the third time this year, the Federal Government has amended the Therapeutic Goods Act 1989.  These amendments are mostly aimed at tweaking the administrative structures that apply to the regulation of medicines and chemicals.  More generally, the new changes form part of the Government’s ongoing reform agenda to replace the Therapeutic Goods Administration (the “TGA”) with the proposed “Australia New Zealand Therapeutic Products Authority”.

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