Summary Having regard to the recent decision of Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97, pharmaceutical originator patentees seeking to prevent the entry of a generic drug into the Australian market through a preliminary injunction, need to be aware that the Australian Government has a right to seek “market-size damages” from the […]
Australia: Patent Box – Expansion to Agricultural and Low Emissions Innovations
In its Budget 2022-23, the Australian Government announced major expansions to the proposed ‘Patent Box’ scheme providing concessional tax treatment to eligible income for Australian corporate taxpayers. The Government will now expand the scheme to support innovations in the Australian agricultural sector, specifically: In addition, the Government will provide concessional tax treatment for corporate taxpayers […]
Australian Design Law Update
In a major development for Australia commencing on 10th March 2022, publications or use of a design on or after 10th March 2022, will be protected by a 12-month grace period. This development will bring Australia into line with jurisdictions such as the United States of America and Europe and protects product designers against certain inadvertent […]
Methods of Medical Diagnosis are Patentable Inventions in Australia
Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101[1] A recent Full Federal Court of Australia decision held that methods of medical diagnosis are clearly patentable subject matter in Australia. We previously reported the first instance decision of the Federal Court of Australia,[2] which on this issue, has been approved by the Full Federal Court […]
Australia: Introduction of Patent Box Tax Concessions for Australian Medical and Biotechnology Innovations
In a boost for Australian-based medical and biotechnology innovators, the Australian Government has announced the introduction of a ‘Patent Box’ scheme in its Budget 2021-2022. Whilst the Government will consult with industry before finalising the details of the Patent Box, features are expected to address the following: (a) With effect from 1 July 2022, a […]
The City of Light – Paris – September 2019
Australia and France share a close historical bond, and conduct substantial bilateral trade and investment. In 2017-18, goods imported into Australia from France were valued at AU$5.1 billion, with Australia’s exports to France valued at AU$1.6 billion.[1] Given the current negotiations for the EU-Australia Free Trade Agreement, the exchange of goods and services between the two countries […]