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ARTICLE · 05 JULY 2017

Case Summary For Pfizer v Canada (2014 FC 1243, 2016 FCA 248)

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The Federal Court of Appeal decision in Pfizer v. Canada (2016 FCA 248) upheld the Minister of Health's interpretation that the 24-month stay for patent owners provided for in the PM regulations...

CanadaIntellectual Property
Adam Bobker
Adam Bobker
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The Federal Court of Appeal decision in Pfizer v. Canada (2016 FCA 248) upheld the Minister of Health's interpretation that the 24-month stay for patent owners provided for in the PM (NOC) regulations was not available when two (2) companies sought permission (an NOC) to market generic drugs that had already been shown to be as safe and effective as patented drugs. On June 22, 2017, the Supreme Court of Canada denied leave to appeal. Going forward, it is going to be more difficult to seek judicial review of decisions of the Minister of Health under the PM (NOC) regulations if the regulations reasonably support the decision. The Court is not likely to substitute its interpretation unless the Minister's interpretation is seen as unreasonable.

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