Sandoz Canada Inc v. Canada (Attorney General), 2014 FC 501
Justice O'Reilly - 2014-05-27
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Sandoz Canada Inc manufactures generic pharmaceuticals. In 2012, the Patented Medicines Prices Review Board concluded that Sandoz came within the definition of a “patentee” under the Patent Act, RSC 1985, c P-4 (see Annex) and, therefore, was subject to the Board’s oversight in respect of patented medicines. Accordingly, the Board found that Sandoz was obliged to comply with the obligations under the Act and Regulations to file information that would enable the Board to conclude whether Sandoz was charging excessive prices for its medicines. The Board was established in 1987, but it was not until 2008 that it sought to extend its jurisdiction to generic companies. In my view, taking into account the federal/provincial division of powers, and interpreting the scope of the Act accordingly, Sandoz is not a “patentee”. Therefore, the Board has no power to order Sandoz to comply with the Act and Regulations, and I must allow this application for judicial review of the Board’s decision.
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