Private Member´s Bill Proposes Repeal of NOC Regulations

Edited by Hafeez Rupani and Wendy Wagner

A private member's bill entitled "An Act to amend the Patent Act" (Bill C-274) was introduced before the House of Commons on November 15, 2004, by the NDP member for Windsor West, Brian Masse. The stated objects of the Bill are to:

1. exclude medicines from the scope of the regulation-making power provided for in subsection 55.2(4) of the Patent Act;
2. make other amendments to reduce the extent of patent protection for medicines; and
3. repeal the Patented Medicines (Notice of Compliance) Regulations ("NOC Regulations").

The Bill also proposes to provide for payment of damages that may be sought by a generic manufacturer from an innovative drug manufacturer, by way of a set formula.