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Smith Kline & French Laboratories Ltd v Attorney-General - [1991] 2 NZLR 560

$30.00

Court of Appeal Wellington
11 February; 21 March 1991
Cooke P, Hardie Boys J and Sir Gordon Bisson
Patents — Infringement — Patent protecting drug — Expiry of patent — Importation of drug embodying patented drug — Submission to Department of Health for approval with view to commercial distribution after expiry of term of patent — Whether such submission "use" of product — Medicines Act 1981, ss 20 and 21 - Patents Regulations 1954 (SR 1954/211)
Statutes — Interpretation — Patents Regulations 1954 - Meaning of "directly or indirectly make use of or put into practice the said invention" - Limits of use of an invention without infringement — Patents Regulations 1954, third schedule, Form A.

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