Welcome to the first issue of the new-look Life Sciences
Spotlight. In each issue, we will explore topics and recent
developments that are relevant to businesses operating in the
pharmaceutical and medical devices/technology sectors in the Asia
A key concern for innovator pharmaceutical companies around the
world is to prevent the entry of generic versions of their products
onto the market for as long as possible. In recent years,
Australian courts have demonstrated a clear trend in favour of
granting interlocutory injunctive relief to prevent entry of such
generic products onto the Australian market pending a final patent
infringement hearing. The key factor influencing this trend appears
to be the irreversible impact of such generic medicines on the
price of pharmaceuticals listed on the Schedule of Pharmaceutical
Benefits. But innovators need to make sure that injunctive relief
is sought promptly - delaying the application too long will weigh
against the grant of relief.
The extent to which a pharmaceutical company can prevent generic
entry depends on the scope of its patent portfolio. A recent
decision of the Supreme Court in the United States has highlighted
the importance to innovators of maintaining a comprehensive patent
portfolio for each product that overlaps as far as possible with
all approved formulations and uses of the product.
You can read about these key issues - and more - in this issue
This publication is intended as a general overview and
discussion of the subjects dealt with. It is not intended to be,
and should not used as, a substitute for taking legal advice in any
specific situation. DLA Piper Australia will accept no
responsibility for any actions taken or not taken on the basis of
DLA Piper Australia is part of DLA Piper, a global law firm,
operating through various separate and distinct legal entities. For
further information, please refer to www.dlapiper.com
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