Australian Competition and Consumer Commission

Early Patentee Notification Proposal Submission

ACCC FOI Request 100394/2025-2026 Released 25 pages PDF

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In November 2020, ACCC Chair Rod Sims submitted formal correspondence to the Department of Health opposing proposed amendments to the Therapeutic Goods Act contained in the Therapeutic Goods Amendment (2020 Measures No. 2) Bill 2020, Schedule 5. The proposed amendments would require generic and biosimilar manufacturers to notify patent originators of market entry approximately one year earlier than existing requirements. The ACCC argued the reform would delay or prevent generic and biosimilar market entry, reduce price competition, and maintain elevated medicine costs for both PBS and non-PBS products, ultimately harming consumers and the Commonwealth. The letter represents internal ACCC policy analysis and advocacy regarding pharmaceutical regulatory reform, with correspondence copied to Treasury officials.

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