The TGA has implemented a Data Protection Scheme for Assessed listed medicines. This Scheme was developed in response to Recommendation 50 of the Medicines and Medical Devices Regulation (MMDR) review and is enabled under section 26AF of the Therapeutic Goods Act 1989.
The purpose of the Scheme is to:
Incentivise innovation by protecting the results of investment in the development of new works and technology.
Prevent competitors seeking market authorisation of generic forms of an L(A) medicine by preventing competitors from relying on clinical trials that were generated and used by the sponsor of the originator medicine to obtain market authorisation.
Encourage further research and development activities by preventing others from capitalising on a sponsor's investment and innovation.