Laws and Regulations under TRIPS Art. 63.2 - View details of the document

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Main information

IP/N/1/CAN/18, IP/N/1/CAN/P/13

1. Notifying Member

Canada

2. Subject matter

3. Notification status

4. Title of law or regulation

Bill C-30 (An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures)

5. Nature of notification

6. Brief description

Bill C-30 amends the Patent Act, under new sections 104 to 134, to make available a Certificate of Supplementary Protection (CSP) for eligible new medicinal ingredients or new combinations of medicinal ingredients that are contained in human and veterinary drugs, following expiry of an eligible patent. The rights of a CSP match those of the patent as they apply to a medicinal ingredient or combination in a drug, with a few exceptions. Bill C-30 also amends section 55.2(4) of the Patent Act to allow the Governor in Council to make regulations that will ensure that disputes brought under the Patented Medicines (Notice of Compliance) Regulations, which constitute Canada’s pharmaceutical patent linkage regime, provides litigants with an equivalent and effective right of appeal.

7. Date of entry into force

Bill C-30 received Royal Assent on 16 May 2017, and entered into force on 21 September 2017.

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

Innovation, Science and Economic Development Patent Policy Directorate 235 Queen Street Ottawa, Ontario K1A 0H5 Canada Telephone: 343-291-2686

11. Link to Legal text

12. Notes

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