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ARTICLE · 20 APRIL 2020

COVID-19 Impact: Changes To The Canadian Compulsory Licensing Scheme

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On March 24, 2020, Bill C-13, or the COVID-19 Emergency Response Act (the Emergency Response Act), came into force. The Emergency Response Act forms part of the Government of Canada's strategy to respond to and assist...

CanadaCoronavirus (COVID-19)
Stephen Selznick
Stephen Selznick
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Any Obando
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On March 24, 2020, Bill C-13, or the COVID-19 Emergency Response Act (the Emergency Response Act), came into force. The Emergency Response Act forms part of the Government of Canada's strategy to respond to and assist with the economic and social impact of the COVID-19 crisis.

In addition to the emergency measures that provide billions in funding assistance for individual workers and businesses, the Emergency Response Act expands Canada's compulsory licensing powers. Specifically, the new legislation "authorize[s] the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention" only "to the extent necessary to respond to the public health emergency described in the application."1 A compulsory license issued under the Emergency Response Act, may be active for up to one year.

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