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Tuesday, 7 December 2004
Page: 110


Senator NETTLE (8:15 PM) —Can you explain why the provision in item 6, at the end of page 2, does not refer to a precondition that the generic product or use for which marketing approval is being sought infringes upon or potentially infringes upon a patent? The point that you directed us to in the second paragraph, after I first asked that question, talks about infringement of a patent, but this requirement for the notification of a request for marketing approval for a product does not seem at any point to refer to a likely infringement having occurred.