Pharma Regulation & Marketing

Intellectual Property

Intellectual Property » Pharma Regulation & Marketing

The pharmaceuticals industry has come under intense pressure as it faces the expiry of patents for blockbuster drugs, Federal Government efforts to save on reimbursing pharmaceutical costs, ongoing difficulties in getting new product into the pipeline and continuing scrutiny of company practices.

In such an environment, pharmaceutical companies depend on lawyers with deep global experience, high levels of technical expertise and a good understanding of pharmaceutical companies’ appetite for risk to achieve as much as possible in a difficult situation.

Our Experts

Fixler David CMYK 90x130

David Fixler

Partner Location Melbourne Profile
WHEELAHAN Frances website grey SIZED TH

Frances Wheelahan

Partner Location Melbourne Profile
MANDELBAUM Jacky website grey TH

Jacky Mandelbaum

Special Counsel Location Melbourne Profile
CAMERON James website grey SIZED TH

James Cameron

Special Counsel Location Brisbane Profile
Odette Gourley.jpg

Odette Gourley

Partner Location Sydney Profile

Our Experience

Botox says no to No-Tox

When a company sought to register the name No-Tox in relation to facial cosmetics, Allergan, the owner of one of the world’s leading global cosmetic brands, Botox, engaged Corrs Chambers Westgarth to oppose the registration.

Through Corrs’ diligent and determined efforts over a prolonged period, the strength of the of the global Botox brand was protected.

Despite the Trade Mark Office initially rejecting Botox’s opposition, Corrs’ managed a successful appeal, and the registration of the trademark No-Tox was refused.

More

Major victory for global pharmaceutical company

When two leading Australian generic drug manufacturers challenged the patent for the antidepressant, Lexapro, the landmark Australian case raised questions of chemistry, regulatory data and patent term extensions.

Corrs represented patent owner Lundbeck, a major global pharmaceutical company based in Denmark. Our work required close collaboration with the in-house counsel of the Danish research company, US and British lawyers to co-ordinate strategy and the use of expert witnesses in more than one jurisdiction to secure a victory in the only case of its kind upheld by Australian Courts.

More

Pharmathen patent victory over global giant

Corrs represented Pharmathen, a major European manufacturer of ingredients used in generic pharmaceuticals, in a landmark case that saw Pharmathen retain its Australian market presence.

Corrs’ IP team successfully challenged Wyeth (Pfizer’s) injunction restraining Pharmathen entering the Australian market with a generic pharmaceutical.

After a significant contest and on appeal to the Full Court, the victory saw the High Court rejected Pfizer’s application for special leave to appeal and revoked their patent.

More

Our Thinking

Change in the air for IP laws in Australia: 5 key takeaways

The Government has responded to the Productivity Commission’s review of Australia’s IP system. Here are five key takeaways.

More

Why legal technologists are becoming the ‘new normal’

Lawyers’ increasing use of e-discovery and electronic data analysis for evidence gathering has resulted in a ‘new normal’ that law firms are only just beginning to come to grips with.

More

Health Hacking: Dealing with the cyber threat in digital health

As digital health continues to expand, developers are being pressed to demonstrate that cyber security measures have been properly built into the design of the device.

More

Commercialising cannabis in Australia: a budding industry

Cannabis is an illicit drug in most instances, so a comprehensive understanding of the regulatory landscape is critical before attempting any commercial activities.

More

The Sansom Review: Streamlining the approval and advertising of therapeutic goods in Australia

After a two-year review process, the Australian Government has committed to enacting the recommendations of the Sansom Review, which will create a more streamlined and efficient system for the regulation of therapeutic goods in Australia.

More

Three tips to prevent the Australian Consumer Law rendering your supply contract terms unenforceable

Check your compliance today!

More

Pharma patents review draft report - A hard pill for innovators to swallow

On 15 October 2012, the Government announced that a Panel had been appointed to conduct a review of pharmaceutical patents.

More

Do you have the tactical and strategic edge in litigation?

From time to time you will be faced with a step which is unusual and not generally taken by lawyers. But if followed in the appropriate way it can save the client considerable time and money.

More

Safety first: Copyright exemption for generics

The safe and effective use of medicine relies on doctors, pharmacists and other health professionals receiving consistent safety information about each medicine, regardless of its brand.

More

Our Experience

Botox says no to No-Tox

When a company sought to register the name No-Tox in relation to facial cosmetics, Allergan, the owner of one of the world’s leading global cosmetic brands, Botox, engaged Corrs Chambers Westgarth to oppose the registration.

Through Corrs’ diligent and determined efforts over a prolonged period, the strength of the of the global Botox brand was protected.

Despite the Trade Mark Office initially rejecting Botox’s opposition, Corrs’ managed a successful appeal, and the registration of the trademark No-Tox was refused.

Major victory for global pharmaceutical company

When two leading Australian generic drug manufacturers challenged the patent for the antidepressant, Lexapro, the landmark Australian case raised questions of chemistry, regulatory data and patent term extensions.

Corrs represented patent owner Lundbeck, a major global pharmaceutical company based in Denmark. Our work required close collaboration with the in-house counsel of the Danish research company, US and British lawyers to co-ordinate strategy and the use of expert witnesses in more than one jurisdiction to secure a victory in the only case of its kind upheld by Australian Courts.

Pharmathen patent victory over global giant

Corrs represented Pharmathen, a major European manufacturer of ingredients used in generic pharmaceuticals, in a landmark case that saw Pharmathen retain its Australian market presence.

Corrs’ IP team successfully challenged Wyeth (Pfizer’s) injunction restraining Pharmathen entering the Australian market with a generic pharmaceutical.

After a significant contest and on appeal to the Full Court, the victory saw the High Court rejected Pfizer’s application for special leave to appeal and revoked their patent.

Our Thinking

Change in the air for IP laws in Australia: 5 key takeaways

The Government has responded to the Productivity Commission’s review of Australia’s IP system. Here are five key takeaways.

Why legal technologists are becoming the ‘new normal’

Lawyers’ increasing use of e-discovery and electronic data analysis for evidence gathering has resulted in a ‘new normal’ that law firms are only just beginning to come to grips with.

Health Hacking: Dealing with the cyber threat in digital health

As digital health continues to expand, developers are being pressed to demonstrate that cyber security measures have been properly built into the design of the device.

Commercialising cannabis in Australia: a budding industry

Cannabis is an illicit drug in most instances, so a comprehensive understanding of the regulatory landscape is critical before attempting any commercial activities.

The Sansom Review: Streamlining the approval and advertising of therapeutic goods in Australia

After a two-year review process, the Australian Government has committed to enacting the recommendations of the Sansom Review, which will create a more streamlined and efficient system for the regulation of therapeutic goods in Australia.

Three tips to prevent the Australian Consumer Law rendering your supply contract terms unenforceable

Check your compliance today!

Pharma patents review draft report - A hard pill for innovators to swallow

On 15 October 2012, the Government announced that a Panel had been appointed to conduct a review of pharmaceutical patents.

Do you have the tactical and strategic edge in litigation?

From time to time you will be faced with a step which is unusual and not generally taken by lawyers. But if followed in the appropriate way it can save the client considerable time and money.

Safety first: Copyright exemption for generics

The safe and effective use of medicine relies on doctors, pharmacists and other health professionals receiving consistent safety information about each medicine, regardless of its brand.

Our Experts

Fixler David CMYK 90x130

David Fixler

Partner Melbourne +61 3 9672 3173
WHEELAHAN Frances website grey SIZED TH

Frances Wheelahan

Partner Melbourne +61 3 9672 3380
MANDELBAUM Jacky website grey TH

Jacky Mandelbaum

Special Counsel Melbourne +61 3 9672 3488
CAMERON James website grey SIZED TH

James Cameron

Special Counsel Brisbane +61 7 3228 9752
Odette Gourley.jpg

Odette Gourley

Partner Sydney +61 2 9210 6066