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Export of Patented Pharmaceuticals to Countries Experiencing a Health Crisis – Regulation Impact Statement - IP Australia

On 22 March 2011, the Minister for Innovation, Industry, Science and Research, Senator Kim Carr and the Minister for Trade, Craig Emerson released a joint media release announcing that the Australian Government would introduce legislation regarding the export of patented medicines from Australia to countries experiencing a serious epidemic. The legislation enables the Australian Federal Court in limited circumstances to grant a license to export patented medicines to countries experiencing a serious epidemic, in cases where negotiations with patent owners have failed. The legislation implements article 31 of the World Trade Organisation ‘Agreement on Trade-Related Aspects of Intellectual Property Rights’ which Australia is a signatory. The Regulation Impact Statement was prepared by IP Australia and was assessed as adequate by the Office of Best Practice Regulation