Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 4) [2011] FCA 1307 Citation: Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 4) [2011] FCA 1307
Parties: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807, SANOFI-AVENTIS DEUTSCHLAND GMBH and AVENTISUB II INCORPORATED v APOTEX PTY LTD ACN 096 916 148
File number(s): NSD 1664 of 2008
Judge: JAGOT J
Date of judgment: 18 November 2011
Catchwords: COPYRIGHT – construction and effect of amendments introduced by Therapeutic Goods Legislation Amendment (Copyright) Act 2011 (Cth) CONSUMER LAW – misleading and deceptive conduct – form of declaration relating to threatened misleading and deceptive conduct DAMAGES – release from undertaking as to damages PATENTS – form of declaration and injunction regarding threatened patent infringement PRACTICE AND PROCEDURE – where parties at trial had assumed particular construction of legislation which had yet to commence – whether applicants required leave to re-open case in order to contend for a different construction STATUTORY INTERPRETATION – Copyright Act 1968 (Cth) s 44BA – meaning of "a work that is product information approved under section 25AA of the Therapeutic Goods Act 1989 in relation to medicine"
Legislation: Acts Interpretation Act 1901 (Cth) ss 15, 15AA, 15AB Copyright Act 1968 (Cth) ss 10, 44B, 44BA, 47AB, 47B Therapeutic Goods Act 1989 (Cth) ss 3, 7D, 23, 25, 25A, 25AA Therapeutic Goods Legislation Amendment (Copyright) Act 2011 (Cth) Sch 1 s 2
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate