Top 10 Pharmaceutical, Healthcare & Life Sciences Headlines from Asia Pacific After more than three years of preparation work, the revised PRC Patent Law ("New Patent Law") was finally promulgated on 27 December 2008 and will enter into force on 1 October 2009. Recently, two bans concerning the animal testing of cosmetic products were introduced in the European Union ("EU"), the first being effective from 11 March 2009, and the second coming into effect from 11 March 2013. Since its enactment in 1984, China's Patent Law has been amended twice, first in 1992 and then in 2000. The first amendment added pharmaceutical compositions to the list of patentable subject matter and inaugurated China's membership in the Patent Cooperation Treaty ("PCT"). In a recent decision, the Full Federal Court has set aside an interlocutory injunction granted against Smith & Nephew in June of this year. That injunction restrained Smith & Nephew from entering the Australian market for negative pressure wound treatment therapies. The new year will bring many changes and their associated risks and opportunities. Broadly speaking, a doctor does not owe a duty of care to third parties. The courts have however recognised that in specific situations a doctor might, with lawful excuse, disclose his patient's health information to third parties or the public at large. Reforms are a turning point in the enforcement of Australian consumer laws. Regulators are being given increased powers and easier enforcement avenues. In a much anticipated decision the Full Federal Court has upheld the validity of Lundbeck's escitalopram patent for its 20 year term but would not allow an extension of the term. Government-led consideration is currently being given to whether a single code should apply to medical devices and technology, pharmaceuticals (including generics) and complementary medicines. Welcome to this week's edition of Health Alert. The Health Alert is transmitted on Monday of each week (unless there is a public holiday on Monday). |