The Prescription | May 2023

• Patents for medical technology inventions – how are they faring post-Aristocrat?

  By

  • Ben Miller,
  • Katie Pryor

  We analyse three recent Patent Office decisions for guidance on medical technology patents following the High Court's judgment in Aristocrat. 

• Experimental proof from overseas proceedings – can I use it in Australia?

  By

  • Ben Miller,
  • Stephen Rohl
  • & Jenny Wong

  We review the requirements to use experiments in Federal Court patent proceedings having regard to the recent decision in Sanofi v Amgen. 

• Reputation ruled not relevant to trade mark infringement in PROTOX v BOTOX dispute

  By

  • Ben Miller,
  • Katie Pryor

  We consider the High Court’s unanimous judgment regarding whether a trade mark's reputation is relevant when deciding if it has been infringed. 

• Changes by the dozen: Reforms to the Therapeutic Goods Act 1989

  By

  • Angela Wood
  • & Erica Balilo

  We provide a summary of the Therapeutic Goods Amendment Act which introduces a wide range of amendments to the Therapeutic Goods Act. 

• New regulatory framework for the supply of medicines and poisons in New South Wales

  By

  • Angela Wood,
  • Alexandra Adams

  We identify the key changes to the supply of medicines and poisons in NSW with the introduction of the Medicines, Poisons and Therapeutic Goods Act 2022. 

• Independent Review of Medicare Integrity and Compliance

  By

  • Angela Wood,
  • Alexandra Adams

  We summarise the findings and recommendations of the recent independent report on fraud, non-compliance and overservicing in Medicare.  

• The Dr(obot) will chat(GPT) with you now

  By

  • Anthony Willis
  • , Benjamin Duff, Charlie Yu & Bethany Robertson

  With the rise of ChatGPT, we consider how to harness the technology while ensuring the risks associated with it are mitigated. 

• Settlement approval for pelvic mesh class action against Johnson & Johnson and Ethicon

  By

  • Angela Wood
  • & Jemima Stratton

  We discuss the Federal Court's consideration of the proposed $300 million dollar settlement in the Johnson & Johnson representative class action regarding its transvaginal mesh products.

• New endorsement regime for cosmetic surgery: not necessarily putting the ‘surgeon’ into ‘cosmetic surgery’

  By

  • Angela Wood,
  • Katherine McNaughton
  • & Jemima Stratton

  An update on the new accreditation scheme for cosmetic surgery following the Independent Review of the Regulation of Health Practitioners and Patient Safety Issues in Cosmetic Surgery. 

• Biosimilars in Australia

  By

  • Ben Miller,
  • Stephen Rohl
  • & Jenny Wong

  We take a look at Australia's standing in the global biosimilars market and factors affecting the uptake of biosimilar medicines in Australia.