Janssen Pharmaceutica v Pfizer Pty Ltd [1985] FCA 697

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

KeoelLheA IT MTFK FO - OF

JUDGMENT No. «uzecerund MES

No. G.220 of 1985

GENERAL DIVISION

~yenwrvren

Judge Making Order: Burchett J.

Date Order Made: 19 November 1985 OF AUSTRALIA . 28 JAN 2003 Where Made: Sydney

THE COURT ORDERS THAT:

(1)

(2)

BETWEEN : JANSSEN PHARMACEUTICA Pry. LTD. Applicant AND

PFIZER PTY. LTD.

Respondent

MINUTE OF ORDER OF THE COURT

FEDERAL COURT

LIBRARY *,

The Respondent by itself its servants and agents he restrained from publishing or disseminating the video recording entitled "Worms - Knowledge & Treatment" ("the video") and the manual entitled "Pfizer Pharmacy Reference Manual" ("the manual") and from causing or permitting to be broadcast the television advertisement made on behalf of the Respondent in relation to its product "Combantrin" ("the television advertisement") and such of the radio advertisements broadcast on behalf of the Respondent as suggest expressly or by implication that there are three common human-infesting gastro-intestinal nematode worms in Australia ("the

radio advertisements").

The Respondent forthwith cause such steps to be taken as may be necessary to recall and procure to be redelivered

(3)

(4)

(5)

(6)

to the Respondent all copies of the video and so far as may be in its power the manual which have been published

and disseminated by the Respondent within Australia and

to prevent the future broadcast of the television advertisement and the radio advertisements.

The Respondent forthwith cause to be destroyed all copies of the video and the manual in its possession save for two (2) copies of the video and five (5) copies of the manual which it may keep for its own record purposes only, and forthwith upon recall of any video or manual previously disseminated cause such video or manual to be destroyed, destruction in respect of the video for the purposes of this order to include the wiping by magnetic means of the material recorded on the cassette tape forming part of the video.