Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-09-29 and last amended on 2013-06-26. Previous Versions

Marginal note:Agreement between Canada and other government

 Where by any agreement between the Government of Canada and any other government it is provided that the Government of Canada will apply section 20 to inventions disclosed in any application for a patent assigned or agreed to be assigned by the inventor to that other government, and the Commissioner is notified by any minister of the Crown that the agreement extends to an invention in a specified application, the application and all the documents relating thereto shall be dealt with as provided in section 20, except subsections (3) and (4), as if the invention had been assigned or agreed to be assigned to the Minister of National Defence.

  • R.S., c. P-4, s. 21.

USE OF PATENTS FOR INTERNATIONAL HUMANITARIAN PURPOSES TO ADDRESS PUBLIC HEALTH PROBLEMS

Marginal note:Purpose

 The purpose of sections 21.02 to 21.2 is to give effect to Canada’s and Jean Chrétien’s pledge to Africa by facilitating access to pharmaceutical products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.

  • 2004, c. 23, s. 1.
Marginal note:Definitions

 The definitions in this section apply in this section and in sections 21.03 to 21.19.

“authorization”

« autorisation »

“authorization” means an authorization granted under subsection 21.04(1), and includes an authorization renewed under subsection 21.12(1).

“General Council”

« Conseil général »

“General Council” means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

“General Council Decision”

« décision du Conseil général »

“General Council Decision” means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date.

“patented product”

« produit breveté »

“patented product” means a product the making, constructing, using or selling of which in Canada would infringe a patent in the absence of the consent of the patentee.

“pharmaceutical product”

« produit pharmaceutique »

“pharmaceutical product” means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product.

“TRIPS Agreement”

« Accord sur les ADPIC »

“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

“TRIPS Council”

« Conseil des ADPIC »

“TRIPS Council” means the council referred to in the TRIPS Agreement.

“WTO”

« OMC »

“WTO” means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

  • 2004, c. 23, s. 1.