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ARTICLE · 26 JULY 2017

Curtain Lifted On Proposed Amended PM(NOC) Regulations

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The curtain has been lifted to reveal the proposed amendments to the Patented Medicines (Notice of Compliance) Regulations (the "Amended Regulations") that have been a long-awaited result of CETA.

CanadaIntellectual Property
Will Boyer
Will Boyer
Alex Gloor
Alex Gloor
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The curtain has been lifted to reveal the proposed amendments to the Patented Medicines (Notice of Compliance) Regulations (the "Amended Regulations") that have been a long-awaited result of CETA. The amendments are open to public consultation for 15 days following publication in the Canada Gazette — Part I, meaning that comments must be submitted by Sunday, July 30, 2017. 

The final Amended Regulations are proposed to take effect on the day section 59 of CETA comes into force (provisionally set to be September 21, 2017).

The Amended Regulations overhaul the existing PM(NOC) Regulations (the "Current Regulations"). Changes include the replacement of prohibition applications with actions that result in final determinations of validity and infringement, a right of appeal for all parties, and the elimination of "dual" litigation. Further changes that were less expected include the potential expansion of the relevant period for section 8 damages and the imposition of

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