The amendments to the Patented Medicines Regulations
(Regulations) published on August 21, 2019 (see our
articles
here and
here) have been the subject of two court challenges
launched by groups of innovative pharmaceutical companies (22
companies in total) —one in the Quebec Superior Court and the
other in the Federal Court.
Quebec Superior Court Judicial Review
On August 22, 2019, Merck, Janssen, Servier, Boehringer, Bayer
and Theratechnologies (collectively, QC Applicants) brought a constitutional challenge to the
Patented Medicine Prices Review Board (PMPRB) provisions of the
Patent Act and the Regulations. The QC Applicants
argue that the amendments encroach on provincial authority over
drug price control and that the federal jurisdiction over patents
granted by the Constitution Act, 1867 does not permit the
federal government to set a maximum sales price for patented goods.
They assert that the intended purpose of sections 79-103 of the
Patent Act is to
