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Legal Guides


A Legal Overview to Medical Cannabis in Australia.
A guide for medical cannabis companies. Medicinal cannabis has been lawfully available in Australia since 2016, yet it remains among the most heavily regulated products a business can supply. Two features explain the complexity. The first is that cannabis is a controlled substance, so its cultivation and manufacture are licensed by the Commonwealth under the Narcotic Drugs Act 1967 (Cth). The second is that almost every medicinal cannabis product supplied in this country is u


Patent Litigation in Australia
A guide for life science companies This guide explains how a patent dispute typically arises, the urgent relief available at the outset, the issues fought at trial, the course of the proceeding, and the remedies available at its end. Patent disputes in Australia are heard in the Federal Court of Australia, which has principal jurisdiction over matters arising under the Patents Act 1990 (Cth) (s 154). Litigation is the mechanism by which patent rights are enforced: a patent co


What is a patent?
Guide to Australian patent law for life science companies. A patent is a monopoly over an invention, granted by the Commissioner of Patents under the Patents Act 1990 (Cth). For the life of the patent, the patent owner holds the exclusive right to exploit the invention and to authorise others to do so (s 13). Exploitation is defined widely, and extends to making, selling, using and importing a patented product, as well as using a patented method or process (sch 1). The practi
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