New forms of evergreening in Australia: misleading advertising, enantiomers and data exclusivity: Apotex v Servier and Alphapharm v Lundbeck
Two recent decisions of the Federal Court of Australia have provided interesting insights into the ongoing struggle between originator drug manufacturers and the public interest in Australia. In Apotex Pty Ltd (formerly GenRx Pty Ltd) v Les Laboratoires Servier (No 2)  FCA 607 the court held that an advertising campaign by an originator pharmaceutical company, which sought to persuade doctors to issue prescriptions prohibiting substitution of "a-flagged" generics, constituted misleading...[Show more]
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