The paper asks eleven questions -
1: Is the breadth of pharmaceutical patents eligible for an extension of term appropriate?
2: Is the length of the extension of term provided for appropriate?
3: Are the recent amendments to increase the thresholds for the grant of an Australia patent appropriate in the context of pharmaceuticals? If not, why not and what further changes are necessary?
4: Do the systems for opposition and re-examination provide appropriate avenues for challenging the granting and validity of a pharmaceutical patent?
5: Do interlocutory injunctions, as the law is currently applied, provide appropriate relief in cases involving pharmaceuticals?
6: Is Australian law on contributory infringement appropriate in relation to pharmaceuticals?
7: Are the current timeframes in which infringement proceedings must commence appropriate for pharmaceutical patents?
8: Are follow-on patents being used to inappropriately extend protection for pharmaceuticals? If so, how? And, if they are, is this sound policy and what changes, if any, are needed?
9: Is the law on data exclusivity appropriate?
10: Are the laws on patent certificates appropriate?
11: Are the laws on copyright of product information appropriate?
