ARTICLE
22 February 2017

PMPRB News - February 2017

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
On December 28, 2016, the Federal Court dismissed Alexion's appeal of a decision striking Alexion's constitutional challenge to the price regulation scheme and confiscatory powers found in sections 83-86 and 87(1) of the Patent Act.
Canada Intellectual Property
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Decision striking Alexion pleading challenging constitutionality of PMPRB regime upheld. On December 28, 2016, the Federal Court dismissed Alexion's appeal of a decision striking Alexion's constitutional challenge to the price regulation scheme and confiscatory powers found in sections 83-86 and 87(1) of the Patent Act. The decision arose in the context of a Patented Medicine Prices Review Board (PMPRB) proceeding relating to whether Alexion had sold SOLIRIS (eculizumab) at an excessive price. Alexion argued that the relevant provisions were ultra vires the powers granted by Parliament to regulate patents of invention and discovery under section 91(22) of the Constitution Act, 1867, falling instead within provincial jurisdiction over property and civil rights. The Court upheld the decision finding that the Prothonotary was correct to strike the pleadings: the constitutionality of the relevant provisions was previously determined in Canada (Attorney General) v Sandoz Canada Inc, 2015 FCA 249.

Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FC 22.

New NEWSletter released. The PMPRB released the February 2017 issue of its NEWSletter. Under a new policy, the PMPRB will be moving patented generic drug price reviews to a complaint-based process, similar to the provisions for new and existing veterinary and over the counter drug products.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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