Before revision: Faunce TA, Vines T, Gibbons H. New Forms of Evergreening in Australia: Misleading Advertising, Enantiomers and Data Exclusivity (2008) 16 Journal of Law and Medicine 220-232. , also available at URL They allege that data exclusivity is really a form of evergreening pharmaceutical patent protection that may even restrict the capacity of governments to benefit from the granting of a compulsory license on the patents on a medicine, since the data monopoly will still prevent the marketing of generic products, even though the patent licenses have been granted by the government or a court.
After revision: They allege that data exclusivity is really a form of evergreening pharmaceutical patent protection that may even restrict the capacity of governments to benefit from the granting of a compulsory license on the patents on a medicine, since the data monopoly will still prevent the marketing of generic products, even though the patent licenses have been granted by the government or a court.