Australia |
CPTech Page on the US-Australia Free Trade Agreement
Only in April 1998 did Australia begin a regime to protect
test data submitted to regulatory authorities for
marketing approval of pharmaceuticals. This regime is a
minimalist one, providing protection only for five
years and only for new chemical compounds. No protection is
provided for new uses and new formulations
for existing compounds. Legislation to provide the same
level of protection for agricultural chemicals and
veterinary medicines is pending.
Summary: The Australian government subsidizes the purchase of a number of
drugs, which highly influences the national sales of those drugs. In order
for sales of a certain drug to be subsidized, that drug must be listed on
the government's Pharmaceutical Benefits Scheme (PBS). The Pharmaceutical Benefits
Advisory Committee (PBAC) is the body which decides which drugs will be included in the
PBS. Recently, former pharmaceutical industry lobbyist Pat Clear was appointed
a member of the PBAC. The Chairman of the PBAC, Professor Don Birkitt, resigned
in protest. Listed below are news stories concerning the controversy:
Eli Lilly Sues Australia for FTA Violations Regarding Osteoporosis Drug
Pharmaceutical Industry Seeks to have Anti-Evergreening Laws Repealed
PhRMA Documents
US government Documents
Australia does not provide applicants for marketing approval for pharmaceuticals and agricultural chemicals a period of "marketing
exclusivity" during which the data they submit with their application will not be used to review later applications. The United States
maintains that the TRIPs agreement requires that such data be protected against "unfair commercial use." The United States
interprets "unfair commercial use" to preclude the use of the data to review later applications for a period of time. While the
Australian Government claims that it does not use data without the consent of the submitter, a report prepared for the Australian
Government indicates that data will not be accepted in the first instance unless the consent is given. We have raised this issue on
numerous occasions and in various fora. The Australians disagree with U.S. TRIPs interpretation. We are currently reviewing our
options as to resolution of this issue.
Controversy over the Australian Pharmaceutical Benefits Advisory Committe
News Stories
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