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PBAC defers decision on PBS listing of Chiesi’s unregistered medicinal cannabis product

by | Aug 26, 2020

On 21 August 2020,  PBAC published the results of the July meeting at which PBAC deferred its decision regarding Chiesi’s application to list Epidyolex® (cannabidiol).  The PBAC deferral was to enable consultation with stakeholders.   PBAC suggested ‘..further clarity on the clinical place of cannabidiol in therapy is required to inform the appropriate initial and continuing restriction criteria, cost-effectiveness and financial implications of [PBS] listing cannabidiol’.

Chiesi had sought recommendation for PBS listing Epidyolex® for the treatment of Lennox-Gastaut and Dravet Syndromes (a subset of paediatric epilepsy).  This is the first request for PBS reimbursement for an unregistered medicinal cannabis product in Australia.  Whilst the product is not registered as a medicine, it is supplied to patients through the Special Access Scheme (SAS), under which prescribers can apply to the TGA for access to medicinal marijuana on a case-by-case basis.  Currently, patients accessing medical marijuana must cover the full cost themselves, a fact which the February 2020 Senate Inquiry noted was a significant barrier to access to medical marijuana in Australia.

The PBAC minutes note that Chiesi responded to the deferral outcome, stating that it ‘..will work collaboratively with the PBAC, the Department of Health, and the Federal Government to ensure patients living with DS and LGS receive access to Epidyolex® through the PBS at the earliest opportunity.’

Naomi Pearce

Naomi Pearce

CEO, Executive Lawyer (AU, NZ), Patent Attorney (AU, NZ) & Trade Mark Attorney (AU)

Naomi is the CEO and Founder of Pearce IP, and is one of ANZ’s leading IP practitioners. Naomi is a market leading, strategic, commercially astute, patent lawyer, patent attorney and trade mark attorney, with over 29 years’ experience, and a background in molecular biology/biochemistry.

Ranked in virtually every notable legal directory, highly regarded by peers and clients, Naomi is renowned for her successful and elegant IP/legal strategies focussing on complex/multijurisdictional litigation, global FTO, and strategic advice.  Among other awards, Naomi is the 2026 Lexology Client Choice Winner for Patents, the 2024 Lawyers Weekly Women in LawExecutive of the Year”, the 2023 Lawyers Weekly “IP Partner of the Year”, the 2022 Lexology Client Choice Winner for Life Sciences, the 2022 Asia Pacific Women in Business Law Patent Lawyer of the Year”, and the 2021 Lawyers Weekly Women in Law “Partner of the Year”.  Ranked in Chambers Asia Pacific, Chambers Global,  IAM Patent 1000IAM Strategy 300, is a MIP “Patent Star”, and is recognised as a WIPR Leader for patents and trade marks. 

Pearce IP is the premier life sciences focussed firm in ANZ.  Commencing in 2017. Pearce IP is the 2025 Australasian Lawyer and NZ Lawyer 5-Star Employer of Choice & “Standout Winner” for Inclusion and Culture (<100 employees).  In 2021, Pearce IP was the Lawyers Weekly Australian Law Awards IP Team of the Year.

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