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ARTICLE · 11 JULY 2013

Differences in Trans-Tasman patent law: extension of term for pharmaceuticals

In this article, we consider Trans-Tasman differences in respect of an "extension of term" for pharmaceutical patents.

AustraliaIntellectual Property

This is the latest in a series of articles intended to highlight some of the major differences between the patent laws of Australia and New Zealand. Whereas patentees are typically encouraged to view Australia and New Zealand as a "common market", the reality is that this impression may not be 100% accurate. As may be gleaned from previous articles in this series, our two countries are similar in many respects – socially, politically and economically. Therefore, it is perhaps a touch incongruous that at present, our respective patent systems are "same-same-but-different" in several important aspects.

In this article, we consider Trans-Tasman differences in respect of an "extension of term" for pharmaceutical patents. By "extension of term", we're talking about the same sort of thing as a Hatch-Waxman extension in the US, or a Supplementary Protection Certificate in Europe. In short, Australia offers one, New Zealand (presently) does not.

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