Welcome to the first issue of the new-look Life Sciences Spotlight. In each issue, we will explore topics and recent developments that are relevant to businesses operating in the pharmaceutical and medical devices/technology sectors in the Asia Pacific region.
A key concern for innovator pharmaceutical companies around the world is to prevent the entry of generic versions of their products onto the market for as long as possible. In recent years, Australian courts have demonstrated a clear trend in favour of granting interlocutory injunctive relief to prevent entry of such generic products onto the Australian market pending a final patent infringement hearing. The key factor influencing this trend appears to be the irreversible impact of such generic medicines on the price of pharmaceuticals listed on the Schedule of Pharmaceutical Benefits. But innovators need to make sure that injunctive relief is sought promptly - delaying the application too long will weigh against the grant of relief.
The extent to which a pharmaceutical company can prevent generic entry depends on the scope of its patent portfolio. A recent decision of the Supreme Court in the United States has highlighted the importance to innovators of maintaining a comprehensive patent portfolio for each product that overlaps as far as possible with all approved formulations and uses of the product.
You can read about these key issues - and more - in this issue of Spotlight.
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