Welcome to The Prescription, where we cover a range of this year's key legal developments and trends in the healthcare and life sciences spaces in Australia.
From the upcoming ban on use of genetic test results for life insurance, to the TGA’s approach to advertising of weight loss medicines, to the new nicotine vaping laws – our healthcare and life sciences experts have analysed a number of important cases, decisions and issues that have arisen in 2024 and will shape the year ahead.
We hope you enjoy this edition of The Prescription.
We cover the Commonwealth Government’s recently announced ‘total ban’ on the use of adverse predictive genetic test results in life insurance underwriting
In light of recent regulatory activity by the Therapeutic Goods Administration (TGA), it is timely to consider the regulatory frameworks that apply to advertising medicines and other therapeutic goods in Australia
We consider the Federal Court proceedings that resulted in a $1.8 million civil penalty imposed on NDIS provider LiveBetter Services Ltd following the death of a participant
We reflect on two recent cases where the Court exercised its parens patriae jurisdiction to authorise the medical treatment of a child
We summarise the implications of the Medical Science Co-Investment Plan and related grants for medtech businesses
We consider the latest chapter of the Australian arm of the worldwide CRISPR patent dispute – how an obvious mistake can overcome adverse findings by the Federal Court
Internationally, there has been a surge in demand for new GLP-1 RA weight loss medications in recent times. We explore the TGA’s approach to this
In the last 2 years, the TGA has issued more than 165 infringement notices (totalling $2.3m in penalties) and commenced 2 civil penalty proceedings for unlawful advertising of medicinal cannabis
We review the Invisalign case against SmileDirectClub which highlights some key considerations for brands in relation to comparative advertising
Video demonstration evidence is rare in patent cases in Australia. The recent decision in Vald v KangaTech illustrates the pitfalls of preparing evidence in the form of a demonstration
The Australian Government and the Pharmacy Guild of Australia recently reached agreement for the Eighth Community Pharmacy Agreement (8CPA), which we explore in detail
On 1 October 2024, certain provisions in the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 (Cth) took effect to permit the supply without a prescription of reusable therapeutic nicotine vapes in pharmacy settings to patients 18 years and over