Dr Ben Ngubane, The minister for arts, culture and technology in the South African government, said that a model for the new patent law was still under development.

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These cases involve a complex web of federal laws and legal principles, including the patent system established under the Constitution, antitrust law, and the Hatch-Waxman Act, a 1984 law that was intended to give generic manufacturers an incentive to challenge patents.

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Under U.S. law, the clock on patent protection--20 years--starts ticking at a drug's invention.

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But under current patent law, that situation happens all the time.

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Which may well have been something that would have been picked up under this older doctrine of passing off rather than the patent law that was actually used.

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This trial, under the guidance of a judge with significant knowledge and experience in patent law, provides an excellent opportunity to jump-start this process.

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Under the law, generic manufacturers got a sort of junior patent if they were the first to challenge, a 180-day exclusive period to sell competing versions of a drug after they won their challenge and got set up for manufacturing.

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Just as Coca Cola has protected its soft drink formula from Pepsi and other competitors for more than a century under U.S. Patent law, these frac contractors also have the right to protect their patented compounds and formulas.

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