Thought Leadership

The Prescription

By Ben Miller, Stephen Rohl

• 20 November 2020 • 0 min read

The Prescription is a biannual publication addressing legal developments and trends in the healthcare and life sciences spaces in Australia. In addition to this publication, we will continue to publish regular alerts which focus on current trends and issues within the healthcare and life sciences sectors as they arise.

In this edition of The Prescription

  • We survey the Therapeutic Goods Administration's active enforcement of the therapeutic goods advertising framework during the COVID-19 pandemic and provide guidance on complying with the framework.

  • We provide an update on the progress of the Royal Commission into Aged Care Quality and Safety, including the final submissions and recommendations by Counsel Assisting.

  • We review the Full Federal Court's decision in Mylan v Sun Pharma, which clarifies the law on the construction, infringement and novelty of 'Swiss-style" patent claims in Australia.

    • We discuss the recent payroll tax decision by the Victorian Court of Appeal, Optical Superstores, and consider the potential implications on commercial arrangements in healthcare or allied health involving any kind of revenue sharing.

    • We review the competition law issues arising in the merger of Mylan and Pfizer’s Upjohn division, in particular the divestments required to obtain approval from the Australian Competition and Consumer Commission.

    • We consider the Commonwealth’s unsuccessful claim for compensation pursuant to an undertaking as to damages by Sanofi for its clopidogrel (Plavix®) products, and the consequences for originator and generic pharmaceutical companies.

      • We discuss Procter & Gamble’s allegations regarding Colgate-Palmolive’s Optic White Renewal toothpaste and the issues companies may face when advertising claims are not based on reliable or accurate scientific data.

      • Partner Aaron Kloczko identifies what you need to know about the National Clinical Trials Governance Framework pilot

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