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ARTICLE · 09 DECEMBER 2024

PMPRB's Jurisdiction Limited To Patented Medicines

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In the recent decision Galderma Canada Inc v. Canada (Attorney General) (2024 FCA 208), the Federal Court of Appeal (FCA) overturned decisions of the Federal Court and the Patented Medicine Prices...

CanadaIntellectual Property
Kaitlin Soye
Kaitlin Soye
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In the recent decision Galderma Canada Inc v. Canada (Attorney General) (2024 FCA 208), the Federal Court of Appeal (FCA) overturned decisions of the Federal Court and the Patented Medicine Prices Review Board (the PMPRB) that allowed the PMPRB to seek information concerning the price of an unpatented medicine (2024 FC 46).

Background

The PMPRB regulates the prices of patented medicines sold in Canada to ensure that they are not excessive. Galderma Canada Inc. (Galderma) markets in Canada two dermatological medicines, DIFFERIN (0.1% adapalene) and DIFFERIN XP (0.3% adapalene), both used to treat acne. DIFFERIN went off patent in December 2009. DIFFERIN XP went off patent in 2016. Following the expiry of patent protection for DIFFERIN in 2009, Galderma stopped providing the PMPRB with pricing information for DIFFERIN.

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