PATENTS |
Practice |
Bristol-Myers Squibb Canada Inc. v. Canada (Attorney General)
T-1768-00
Campbell J.
19/1/01
19 pp.
Application for judicial review of Minister's decision removing patent for Serzone from patent list--Patent had originally (in 1992) been omitted from patent list due to inadvertence--Applicant used trade name change element of Food and Drugs Regulations, s. C.08.003 to accomplish objective of having patent registered--Attempt successful at first, patent registered, then Minister notified applicant patent added mistakenly, on incorrect interpretation of Apotex Inc. v. Canada (Minister of Health) (1999), 87 C.P.R. (3d) 271 (F.C.T.D.)--Application dismissed--Minister's decision correct in law--To allow use of Food and Drug Regulations would allow innovative companies to circumvent timing requirements of Patented Medicines (Notice of Compliance) Regulations, s. 4 by changing brand names in order to put patents on register that were not there before, for which time lines had not been complied with originally--Such result would be contrary to specific intention of Parliament as expressed in NOC Regulations, s. 4(6)--Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 4(6) (as enacted by SOR/98-166, s. 3) --Food and Drugs Regulations, s. C.08.003 (as am. by SOR/85-143, s. 2; 93-202, s. 25).