Australia introduces compulsory licences for pharmaceutical products
The Australian Federal Government has released an exposure draft of the Intellectual Property Laws Amendment Bill 2012. The Bill is intended to implement Australia's obligations pursuant to the TRIPS protocol, introducing a regime for the grant of compulsory licences of patents related to pharmaceutical products on public health grounds, where resulting goods will be exported to least-developed or developing countries.
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Raising the Bar – Significant Reform of Patent Laws
The Intellectual Property Laws Amendment (Raising the Bar) Act 2011 took effect on 16 April 2012, with some provisions taking effect 12 months later. The Act has implemented a range of reforms designed to bring Australian patent laws in line with other key jurisdictions.
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E-health
A major focus of the Australian Government’s "eHealth" agenda is the personally controlled electronic health record system (PCEHR system). On 1 July 2012 the PCEHR system became available for online registration for individuals. The PCEHR system allows an individual to access their own health information and nominate which of their healthcare providers obtain access to that information.
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You'll Feel Better: Swisse succeeds in appealing CRP ruling
In late 2011, the Complaints Resolution Panel (CRP) received complaints about Swisse's advertising slogan - "You'll feel better on Swisse" - and other representations including that particular products were "clinically proven" and "independently tested".
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Australia's Transfer Pricing Reform: For Better or Worse?
Australia's transfer pricing rules have not been significantly amended since their introduction in 1982. In the last 20 years, the Commissioner of Taxation has issued extensive public rulings in relation to the transfer pricing rules. However, Court decisions, including most recently in Roche Products Pty Ltd v FCT [2008] AATA 639 and FCT v SNF (Australia) Pty Ltd [2011] FCAFC 74, have raised questions about a number of aspects of Australian transfer pricing practice.
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Personal liability reforms
The Australian Federal Government has introduced a new bill, the Personal Liability for Corporate Fault Reform Bill 2012, which (if passed) will be good news for directors and officers of some life sciences companies. It is part of a reform project, the purpose of which is to harmonise the imposition of personal criminal liability for corporate fault across Australian Federal and State legislation.
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