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ARTICLE · 20 JUNE 2007

Generic Manufacturers May Not Be Required to Address All Listed Patents

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The Supreme Court of Canada’s decision in AstraZeneca has now been judicially interpreted by the Federal Court of Canada, for the first time.

CanadaIntellectual Property
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Article by Peng Fu, Eileen McMahon and Conor McCourt

The Supreme Court of Canada’s decision in AstraZeneca1 has now been judicially interpreted by the Federal Court of Canada, for the first time. The implications are far-reaching for companies that rely on the regulatory regime established by the Patent Medicines (Notice of Compliance) Regulations that were in force before the latest amendments took effect on October 5, 2006. These implications include the following:

  • Generic manufacturers may not be obligated to address all patents listed on the Patent Register.
  • In certain circumstances, Health Canada may issue Notices of Compliance (NOC) for generic products when prohibition proceedings have been commenced.

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