Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-09-01 and last amended on 2013-06-26. Previous Versions

Marginal note:Hearings to be public
  •  (1) A hearing under section 83 shall be held in public unless the Board is satisfied on representations made by the person to whom the hearing relates that specific, direct and substantial harm would be caused to the person by the disclosure of information or documents at a public hearing, in which case the hearing or any part thereof may, at the discretion of the Board, be held in private.

  • Marginal note:Notice of hearing to certain persons

    (2) The Board shall give notice to the Minister of Industry or such other Minister as may be designated by the regulations and to provincial ministers of the Crown responsible for health of any hearing under section 83, and each of them is entitled to appear and make representations to the Board with respect to the matter being heard.

  • 1993, c. 2, s. 7;
  • 1995, c. 1, s. 62.
Marginal note:Information, etc., privileged
  •  (1) Subject to subsection (2), any information or document provided to the Board under section 80, 81 or 82 or in any proceeding under section 83 is privileged, and no person who has obtained the information or document pursuant to this Act shall, without the authorization of the person who provided the information or document, knowingly disclose the information or document or allow it to be disclosed unless it has been disclosed at a public hearing under section 83.

  • Marginal note:Disclosure, etc.

    (2) Any information or document referred to in subsection (1)

    • (a) may be disclosed by the Board to any person engaged in the administration of this Act under the direction of the Board, to the Minister of Industry or such other Minister as may be designated by the regulations and to the provincial ministers of the Crown responsible for health and their officials for use only for the purpose of making representations referred to in subsection 86(2); and

    • (b) may be used by the Board for the purpose of the report referred to in section 100.

  • 1993, c. 2, s. 7;
  • 1995, c. 1, s. 62.

Sales and Expense Information

Marginal note:Sales and expense information, etc., to be provided
  •  (1) A patentee of an invention pertaining to a medicine shall, as required by and in accordance with the regulations, or as the Board may, by order, require, provide the Board with such information and documents as the regulations or the order may specify respecting

    • (a) the identity of the licensees in Canada of the patentee;

    • (b) the revenue of the patentee, and details of the source of the revenue, whether direct or indirect, from sales of medicine in Canada; and

    • (c) the expenditures made by the patentee in Canada on research and development relating to medicine.

  • Marginal note:Additional information, etc.

    (2) Where the Board believes on reasonable grounds that any person has information or documents pertaining to the value of sales of medicine in Canada by a patentee or the expenditures made by a patentee in Canada on research and development relating to medicine, the Board may, by order, require the person to provide the Board with any of the information or documents that are specified in the order, or with copies thereof.

  • Marginal note:Compliance with order

    (3) A person in respect of whom an order is made under subsection (1) or (2) shall comply with the order within such time as is specified in the order or as the Board may allow.

  • Marginal note:Information, etc., privileged

    (4) Subject to section 89, any information or document provided to the Board under subsection (1) or (2) is privileged, and no person who has obtained the information or document pursuant to this Act shall, without the authorization of the person who provided the information or document, knowingly disclose the information or allow it to be disclosed, except for the purposes of the administration of this Act.

  • 1993, c. 2, s. 7.