September 21, 2025, marked the eighth anniversary of the
significant amendments to the Patented Medicines (Notice of
Compliance) Regulations (Regulations). This article
provides an update on activities in the eighth year following the
amendments, including new actions and Court decisions, both on the
merits and procedural. Our seventh anniversary update is available with
links to prior year updates.
Status of section 6(1) actions under the
Regulations
From September 21, 2024 to September 20, 2025, approximately 23
sets* of actions (24 total actions) under
section 6(1) were started, which is lower than in previous years,
see below:
Of the approximately 326 actions started since the amendments,
the majority (264, in grey below) continue to be resolved prior to
a decision on the merits of infringement and/or invalidity (in
almost all such cases, prior to trial).
