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ARTICLE · 13 APRIL 2020

COVID-19 Emergency Response Act And IP Rights

Borden Ladner Gervais LLP
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The COVID-19 Emergency Response Act received royal assent in Canada on March 25, 2020. It contains amendments to both the Patent Act and the Food and Drugs Act. These amendments are now the law.

CanadaIntellectual Property
Beverley Moore
Beverley Moore
Jason Howg
Jason Howg
Brandon Evenson
Brandon Evenson
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The COVID-19 Emergency Response Act  received royal assent in Canada on March 25, 2020. It contains amendments to both the Patent Act and the Food and Drugs Act. These amendments are now the law.

Patent Act Amendments

The Patent Act amendments add to the section on the use of patents by government, providing a new compulsory licensing regime. Under new s. 19.4, the Commissioner of Patents shall authorize the Government of Canada as well as any person specified in the application to make, construct, use and sell a patented invention to the necessary extent in order to respond to the public health emergency described in the application. This language tracks s. 43 of the Patent Act with respect to the rights granted to a patentee. Such actions are specifically deemed not to be an infringement of the patent.

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