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, Francine Kinkade & 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.