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Biotech & Health

Our experienced Biotech & Health legal team regularly publishes articles and updates - the full list of publications appears below. AAR's Focus: Health keeps you up to date with recent developments, legislative changes and important cases, while Biotech & Health News keeps you up-to-date in this important area. If you'd like to be notified when we add new biotech and health publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Health is an issue that pervades every sector of the community, with far-reaching implications for business. Read about our track record in biotech and health.

Biotech & Health News - 19 June 2008

Senior Associate Sarah Bryden and Law Graduate Leesa Vanmali examine the recent decision in Selim v Lele, where the Full Federal Court of Australia dismissed a constitutional challenge to the validity of the Professional Services Review Scheme

Focus: Health, Aged Care & Retirement - 16 January 2008

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We examine the latest chapter in a case involving workers exposed to traumatic events; New South Wales planning policy changes for housing for senior and disabled people; and recent Australian Taxation Office rulings regarding the GST and retirement villages

Biotech News - 13 December 2007

In this edition: Partner Dr Trevor Davies and Law Student Elizabeth Sarofim report on the recent decisions of the New South Wales and Victorian governments to lift their four-year moratoria on the commercial cultivation of GM canola

Biotech News - 26 November 2007

In this edition: Partner Dr Trevor Davies provides an overview of the proposed changes to the patent rules governing the prosecution of patent applications in the United States, and of the recent legal challenge to the implementation of the rule changes

Biotech News - 08 November 2007

In this edition: Since early 2005, AAR Biotech News has been closely monitoring the Advisory Council on Intellectual Property's recommendation regarding patents and experimental use in Australia. Partner Dr Trevor Davies and Lawyer Ollie Evans provide a further overview of the proposed amendments to the Patent Act 1990 (Cth) to include an experimental use exemption

Biotech News - 26 October 2007

In this edition: Lawyer Rachel Darvey reports on the recent introduction of the Therapeutic Goods Amendment Act 2007 and how it impacts on the transition period for medical devices

Biotech News - 28 September 2007

In this edition: Patent attorney and lawyer, Dr Rob Silberstein, provides an overview of contributory infringement in relation to patents in Australia, including a historical jurisprudential and legislative account of the issues raised by this vexed area of law

Focus: Health - 05 September 2007

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We look at a case of anti-competitive conduct by doctors; the first set of standards issued by the Queensland Health Quality and Complaints Commission; and a question of discrimination in the provision of medical services

Biotech News - 30 August 2007

In this edition: Partner Sarah Matheson and Articled Clerk Adel Mohamed provide a brief overview of follow-on biologics and the regulatory frameworks in the United States of America, Europe and Australia established to regulate this emerging class of therapeutic products

Biotech News - 16 August 2007

In this edition: Senior Associate Matt Ireland and Law Graduate Pat Crisp examine due diligence as it relates to the biotech industry

Biotech News - 01 August 2007

In this edition: Partner Dr Trevor Davies and Trade Mark Lawyer Lara Gun outline the issues for trade mark adoption and protection

Biotech News - 19 July 2007

In this edition: Technical Assistant Dr John Landells provides an overview of recently released Federal Government policy requiring all government agencies to establish and implement plans for the management of intellectual property

Biotech News - 06 July 2007

In this edition: Lawyer Jacqueline Goodall reports on the outcome of three recent decisions by the federal Privacy Commissioner on the protection of health information under privacy law

Biotech News - 07 June 2007

In this edition: Lawyer Adrian Coras provides an overview of some of the commercialisation strategies available to biotechnology companies

Focus: Health - 05 June 2007

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We report on the duty owed by employers where workers are exposed to traumatic events; the right to access one's own health information; the meaning of 'exceptional circumstances' when applying the 80/20 rule; the extent of the duty to warn patients pre-surgery; and when a surgical procedure amounts to battery

Biotech News - 28 May 2007

In this edition: Partner Dr Robert Smyth, of US law firm Morgan Lewis & Bockius LLP, and Allens Arthur Robinson Patent Attorney Dr Kathryn Sunn provide an overview of a recent US Patent and Trademark Office notice on restriction requirements in patent applications containing nucleotide sequences

Biotech News - 11 May 2007

In this edition: Patent Attorney and Lawyer Dr Rob Silberstein provides an overview of the grace period provisions under the patent laws of various Australian and overseas jurisdictions and discusses a range of related patents issues

Focus: Health - 30 April 2007

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In late March 2007, the Department of Health and Aging released an exposure draft of the Therapeutic Products Bill 2007 (Cth). This is the first in a series of new laws that will significantly change the way therapeutic products are regulated in Australia and New Zealand by setting up a joint trans-Tasman scheme. Lawyer Przemek Kucharski summarises key aspects of the Scheme and the Bill

Biotech News - 12 April 2007

In this edition: Privacy Commissioner's biometrics recommendations in response to ALRC privacy review

Biotech News - 29 March 2007

In this edition: Partner Dr Trevor Davies and Law Graduate Matt Vitins provide an outline of the recent Issues Paper released by the Advisory Council on Intellectual Property on its review of the enforcement of Plant Breeder's Rights in Australia

Biotech News - 16 March 2007

In this edition: Partner Dr Trevor Davies and Technical Assistant Dr John Landells provide an overview of bio-prospecting of Australia's genetic heritage, including a review of Australia's new regulatory regime for controlling access to its natural resources

Biotech News - 07 March 2007

In this edition: The operative provisions of the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006 (Cth) commence on 12 June 2007. Partner Sarah Matheson and Articled Clerk Adel Mohamed provide a brief overview of changes brought about by the amending legislation that affects the status of therapeutic cloning in Australia

Focus: Health - 28 February 2007

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In this issue we examine the role of the Professional Services Review; final and binding determinations made under the Medical Practice Act 1994 (Vic); recent amendments to stem cell legislation; and the treatment of a child without parental consent

Focus: Food - 21 December 2006

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A new food descriptors guideline issued by the Australian Competition and Consumer Commission, coupled with two recent investigations by the ACCC regarding misleading packaging of food items, highlight the need for food manufacturers to be careful of the claims made on their packaging. Partner Belinda Thompson and Lawyer Alexander Gelis report

Biotech News - 14 December 2006

In this edition: Recent decisions concerning the law relating to patent term extensions for pharmaceutical patents may raise concerns for patentees. Partner Trevor Davies and Lawyer Jonathan de Ridder explain

Biotech News - 30 November 2006

In this edition: Partner Sarah Matheson and Lawyer Emma Stacey provide a jurisdictional comparison of the 'springboarding' exception to patent infringement

Focus: Health - 29 November 2006

In this issue we look at the issue of witness immunity; a duty of care case; medical record ownership; and new or amended legislation

Biotech News - 15 November 2006

In this edition: Partner Peter Allen and Lawyer Sean Massingham provide an overview of the upcoming provisions for the taxation of capital gains made by foreign residents set out in the Tax Laws Amendment (2006 Measures No. 4) Bill 2006

Biotech News - 02 November 2006

In this edition: Partner Trevor Davies and Technical Assistant John Landells provide a jurisdictional comparison of the patentability of methods of treating humans

Biotech News - 18 October 2006

In this edition: Partner Peter Allen and Paralegal Karla Drinkwater provide an outline of the Federal Government's scheme encouraging eligible Australian companies to increase their research and development activities by providing tax incentives

Biotech News - 11 October 2006

In this edition: Patent Attorney and Lawyer Dr Rob Silberstein provides an outline of some of the available grants and concessions offered and/or supported by Australian State and Territory governments

Biotech News - 21 September 2006

In this edition: Lawyer Dominic Nguyen provides an update on the proposed introduction of an experimental use exemption in Australia. Since early 2005, Biotech News has been closely monitoring the Advisory Council on Intellectual Property's recommendations regarding patents and experimental use in Australia and, in particular, an amendment to the Patents Act 1990 (Cth) to include an experimental use exemption. IP Australia has now released a public consultation paper on ACIP's recommendations

Biotech News - 06 September 2006

In this edition: Patent Attorney and Lawyer Dr Rob Silberstein provides an outline of some of the available grants and concessions offered and/or supported by the Australian Federal Government

Focus: Health - 31 August 2006

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In this issue we look at changes to the Queensland health system, the Community Services Obligation funding pool for pharmaceutical wholesalers and distributors, and a case concerning a parental dispute over the appropriate disposal of their deceased daughter

Biotech News - 23 August 2006

In this edition: Special Counsel Karin Clark and Lawyer Andrew Ailwood provide an outline of the recent changes to the Privacy Legislation Amendment Bill 2006 (Cth) and its impact on genetic information

Biotech News - 10 August 2006

In this edition: Lawyer Andrew Gun provides an outline of the recent changes to the Therapeutic Goods Advertising Code 2006, and the regulation of cosmetic chemicals with regard to antibacterial skin products

Focus: Food - 24 July 2006

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We look at changes to country-of-origin food labelling that could cost the Australian food industry $60 million, the mandatory introduction of iodine and folic acid fortified foods and an industry report on the fatty acid content in infant formula products

Biotech News - 07 July 2006

In this edition we celebrate AAR Biotech News' fifth anniversary. Patent Attorneys Dr Kathryn Sunn and Dr Rob Silberstein and Patent Attorney and Partner Dr Trevor Davies provide an outline of the important news, changes and topics that we have covered over the past five years