Patent Act (R.S.C., 1985, c. P-4)

Act current to 2016-04-12 and last amended on 2015-06-17. Previous Versions

Marginal note:Orders
  •  (1) The Board may, in any order, direct

    • (a) that the order or any portion thereof shall come into force at a future time, on the happening of a contingency, event or condition specified in the order or on the performance to the satisfaction of the Board, or a person named by it, of any terms specified in the order; and

    • (b) that the whole or any portion of the order shall have effect for a limited time or until the happening of a specified event.

  • Marginal note:Interim orders, etc.

    (2) The Board may make interim orders or reserve further directions for an adjourned hearing of a matter.

  • Marginal note:Rescission and variation

    (3) The Board may vary or rescind any order made by it and may re-hear any matter.

  • Marginal note:Certificates

    (4) Where any person satisfies the Board that the Board would not have sufficient grounds to make an order under section 83 in respect of the person, the Board may, after the person pays any fees required to be paid by the regulations, issue to the person a certificate to that effect, but no certificate is binding on the Board.

  • 1993, c. 2, s. 7.
Marginal note:Enforcement of orders
  •  (1) Any order of the Board may be made an order of the Federal Court or any superior court of a province and is enforceable in the same manner as an order of the court.

  • Marginal note:Procedure

    (2) To make an order of the Board an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Board may file with the registrar of the court a certified copy of the Board’s order, and thereupon the order becomes an order of the court.

  • Marginal note:Effect of variation or rescission

    (3) Where an order of the Board that has been made an order of a court is varied or rescinded by a subsequent order of the Board, the subsequent order of the Board shall be made an order of the court in the manner described in subsection (1), and the order of the court shall be deemed to have been varied or rescinded accordingly.

  • Marginal note:Option to enforce

    (4) Nothing in this section prevents the Board from exercising any of its powers under this Act.

  • 1993, c. 2, s. 7.
Marginal note:Report of Board
  •  (1) The Board shall in each year submit to the Minister a report on its activities during the preceding year.

  • Marginal note:Idem

    (2) The report shall contain

    • (a) a summary of pricing trends in the pharmaceutical industry; and

    • (b) the name of each patentee in respect of whom an order was made under subsection 80(2) during the year and a statement as to the status of the matter in respect of which the order was made.

  • Marginal note:Report summary

    (3) The summary referred to in paragraph (2)(a) may be based on information and documents provided to the Board by any patentee under section 80, 81 or 82 or in any proceeding under section 83, but shall not be set out in a manner that would make it possible to identify that patentee.

  • Marginal note:Tabling of report

    (4) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the report is submitted to the Minister.

  • 1993, c. 2, s. 7.

Regulations

Marginal note:Regulations
  •  (1) Subject to subsection (2), the Governor in Council may make regulations

    • (a) specifying the information and documents that shall be provided to the Board under subsection 80(1) or (2) or 88(1);

    • (b) respecting the form and manner in which and times at which such information and documents shall be provided to the Board and imposing conditions respecting the provision of such information and documents;

    • (c) specifying a period for the purposes of subsection 80(2);

    • (d) specifying factors for the purposes of subsection 85(1) or (2), including factors relating to the introductory price of any medicine to which a patented invention pertains;

    • (e) designating a Minister for the purposes of subsection 86(2) or paragraph 87(2)(a);

    • (f) defining, for the purposes of sections 88 and 89, the expression research and development;

    • (g) requiring fees to be paid before the issue of any certificate referred to in subsection 98(4) and specifying those fees or the manner of determining those fees;

    • (h) requiring or authorizing the Board to perform such duties, in addition to those provided for in this Act, as are specified in the regulations, including duties to be performed by the Board in relation to the introductory price of any medicine to which a patented invention pertains; and

    • (i) conferring on the Board such powers, in addition to those provided for in this Act, as will, in the opinion of the Governor in Council, enable the Board to perform any duties required or authorized to be performed by it by any regulations made under paragraph (h).

  • Marginal note:Recommendation

    (2) No regulations may be made under paragraph (1)(d), (f), (h) or (i) except on the recommendation of the Minister, made after the Minister has consulted with the provincial ministers of the Crown responsible for health and with such representatives of consumer groups and representatives of the pharmaceutical industry as the Minister considers appropriate.

  • 1993, c. 2, s. 7.

Meetings with Minister

Marginal note:Meetings with Minister
  •  (1) The Minister may at any time convene a meeting of the following persons:

    • (a) the Chairperson and such members of the Board as the Chairperson may designate;

    • (b) the provincial ministers of the Crown responsible for health or such representatives as they may designate;

    • (c) such representatives of consumer groups and representatives of the pharmaceutical industry as the Minister may designate; and

    • (d) such other persons as the Minister considers appropriate.

  • Marginal note:Agenda

    (2) The participants at a meeting convened under subsection (1) shall consider such matters in relation to the administration or operation of sections 79 to 101 as the Minister may determine.

  • 1993, c. 2, s. 7.

Agreements with Provinces

Marginal note:Agreements with provinces

 The Minister may enter into agreements with any province respecting the distribution of, and may pay to that province out of the Consolidated Revenue Fund, amounts received or collected by the Receiver General under section 83 or 84 or in respect of an undertaking given by a patentee or former patentee that is accepted by the Board in lieu of holding a hearing or making an order under section 83, less any costs incurred in relation to the collection and distribution of those amounts.

  • 1993, c. 2, s. 7;
  • 1994, c. 26, s. 55(F);
  • 1999, c. 26, s. 50.
 
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