Janssen Inc. v. Canada (Attorney General), 2024 FCA 66

Justice Stratas; Justice Monaghan; Justice Biringer - 2024-04-10

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Janssen Inc. appeals from the judgment 2023 FC 7. The Federal Court dismissed Janssen’s application for judicial review of a decision of the Minister of Health. The Minister found that Janssen’s nasal spray, SPRAVATO, was not an “innovative drug” under subsection C.08.004.1(1) of the Food and Drug Regulations, and, thus, was not entitled to data protection. The appeal must be dismissed. ... In particular, we agree with the Federal Court’s conclusion that the Canada-United States-Mexico Agreement, effective in July 2020, does not displace this Court’s previous interpretation of subsection C.08.004.1(1) ... If the unchanged, specific wording of subsection C.08.004.1(1), as interpreted by this Court, does not conform with the Agreement, other legal and political recourses may be available.

Decision relates to:

  • A-21-23 - JANSSEN INC. v. AGC ET AL


Canadian Intellectual Property