Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 44BA

  (1)   The following acts are not an infringement of any copyright subsisting under this Part   in a work that is product information approved under section   25AA of the Therapeutic Goods Act 1989 in relation to medicine:

  (a)   an act that is done under that Act and that is in respect of product information in relation to:

  (i)   restricted medicine; or

  (ii)   medicine in respect of which the applicant for the registration of that medicine under that Act has been given a notice of the kind referred to in subparagraph   25(1)(da)(ii) of that Act; or

  (iii)   medicine in respect of which subsection   25AA(2) or (3) of that Act applies;

  (b)   an act that is ancillary or incidental to an act referred to in paragraph   (a).

  (2)   The following acts are not an infringement of any copyright subsisting under this Part   in a work that is product information approved under section   25AA of the Therapeutic Goods Act 1989 in relation to medicine:

  (a)   supplying, in Australia, some or all of any product information that is approved under that section in relation to medicine;

  (b)   reproducing, in Australia, some or all of the information referred to in paragraph   (a);

  (c)   publishing, in Australia, some or all of the information referred to in paragraph   (a);

  (d)   communicating, in Australia, some or all of the information referred to in paragraph   (a);

  (e)   adapting, in Australia, some or all of the information referred to in paragraph   (a);

to the extent that the supply, reproduction, publication, communication or adaptation is for a purpose related to the safe and effective use of the medicine referred to in paragraph   (a).

  (3)   An act done in Australia that is ancillary or incidental to a supply, reproduction, publication, communication or adaptation referred to in subsection   (2) is not an infringement of any copyright subsisting under this Part   in the work referred to in subsection   (2).

  (4)   For the purposes of this section, medicine , product information and restricted medicine have the same meanings as in the Therapeutic Goods Act 1989 .