On December 18, 2020, the Quebec Superior Court issued its decision from a constitutional challenge to the Patented Medicine Prices Review Board (PMPRB) provisions of the Patent Act and the Regulations, including the amended Regulations, coming into force on January 1, 2021: Merck, Janssen, Servier, Boehringer Ingelheim, Bayer, Theratechnologies, Avir Pharma c. Procureur Général du Canada et Procureur Général Du Québec. The Court declared the amendments (new section 4(4)) that would have required price and revenue reporting to take into account confidential rebates provided to provincial payers invalid, with immediate effect. However, the Court held that the PMPRB provisions of the Patent Act and the Regulations, including the remaining provisions of the amended Regulations, were valid. As reported previously, the Federal Court ruled in June that the same price and revenue reporting provisions were invalid as being ultra vires the Patent Act; appeals are pending. Further, Innovative Medicines Canada and a number of pharmaceutical companies have recently challenged the validity of the new Guidelines in the Federal Court.
Should you have any questions, please do not hesitate to contact a member of the Life Sciences Regulatory & Compliance Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
Related Publications & Articles
-
FCA provides guidance on standard for leave to appeal interlocutory PMNOC decisions
On December 3, 2020, the Federal Court of Appeal released its first decision providing guidance on the standard for obtaining leave to appeal interlocutory decisions under section 6.11(1) of the Paten...Read More -
Amendments to PMPRB Regulations will now be in force July 1, 2021
While scheduled to come into force on January 1, 2021 (see here), in recognition of the fact that the COVID-19 pandemic continues to challenge all stakeholders, the amendments to the Patented Medicine...Read More -
2020 Highlights in Canadian Life Sciences IP and Regulatory Law
In 2020, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law.Read More