Federal Court upholds TGA decision to refuse access to documents relating to applications to list generics on the ARTG

In December last year, Justice Emmett of the Federal Court handed down an important decision for originator pharmaceutical companies who seek access to documents evidencing applications to list generic versions of their products on the Australian Register of Therapeutic Goods (ARTG), and generic companies who assume such applications are kept confidential. 

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A turning point for interlocutory injunctions in patent cases

The Federal Court of Australia recently dismissed an application for an interlocutory injunction made by the sanofi-aventis group against Hospira and Interpharma.  This has allowed Hospira and Interpharma to launch generic versions of the oncology drug docetaxel as planned, pending the outcome of a full trial.  Justice Jagot’s decision is significant because in recent years most applications for an interlocutory injunction in pharmaceutical and medical device patent cases have been successful.  Mallesons represented Hospira in this litigation.  You can read more about the case i read more…

That’s not an adult website fee, it’s a settlement payment!

Owners of copyright in entertainment content have for some time now been faced with a significant challenge in stamping out infringement by recourse to the courts.  It may be difficult to sue more than a small fraction of the number of copyright infringers out there and publicising successful suits to deter other infringers can be difficult.  That’s why alternative tactics may be more effective, like requiring internet service providers to terminate the connections of infringers, or scaring them with headline-grabbing damages awards (read more…

Fourth time lucky? A bill to reform patent law in the US

On Tuesday 25 January 2011, a bill to reform patent law in the US was introduced into Congress with bipartisan support.  The reform bill aims to simplify the patent application process, improve patent quality and keep the US Patent and Trademark Office (PTO) independently funded.  It marks the fourth consecutive time the Senate has attempted to implement patent reform.

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Is a copyright registration system to prevent orphan works the way of the future?

Copyright law’s reason for existence is to encourage the creation of new artistic, dramatic, literary and other works by granting creators the exclusive right (subject to certain exceptions) to decide those who may use the work.  This exclusivity gives creators the opportunity to profit from their creative works, and, so the theory goes, enables society as a whole to benefit from the consequential increase in creative output.  However, copyright does impose a cost on copyright users, who are usually forced to pay to access creative works that they would otherwise be able read more…