RELATED PROVISIONS

• — SOR/98-166, s. 9

  • 9. (1) Subsection 4(4) does not apply to an allegation if, before the coming into force of these Regulations, it was served on the first person, if proof of that service was served on the Minister and if the first person has commenced a proceeding under subsection 6(1).

  • (2) Subsections 6(5) and (9) and paragraphs 6(10)(a) and (b) of the Regulations, as enacted by section 5, apply to an application pending on the coming into force of these Regulations.

  • (3) Subsections 6(6) to (8) and paragraph 6(10)(c) of the Regulations, as enacted by section 5, apply to an application commenced on or after the coming into force of these Regulations.

  • (4) Paragraph 7(1)(e) of the Regulations, as enacted by subsection 6(2), applies to an application made on or after the coming into force of these Regulations. Paragraph 7(1)(e) of the Regulations as it read before the coming into force of these Regulations, continues to apply to an application pending at the time of that coming into force.

  • (5) Subsection 7(5) of the Regulations, as enacted by subsection 6(3), applies to an application pending on the coming into force of these Regulations.

  • (6) Section 8 of the Regulations, as enacted by section 8, applies to an application pending on the coming into force of these Regulations.]

• — SOR/2006-242, s. 6

  6. Section 4 of the Patented Medicines (Notice of Compliance) Regulations, as enacted by section 2 of these Regulations, does not apply to patents on a patent list submitted prior to June 17, 2006.

• — SOR/2006-242, s. 7

  • 7. (1) Subsection 5(1) of the Patented Medicines (Notice of Compliance) Regulations, as enacted by section 2 of these Regulations, applies to a second person who has filed a submission referred to in subsection 5(1) prior to the coming into force of these Regulations and the date of filing of the submission is deemed to be the date of the coming into force of these Regulations.

  • (2) Subsection 5(2) of the Patented Medicines (Notice of Compliance) Regulations, as enacted by section 2 of these Regulations, applies to a second person who has filed a supplement to a submission referred to in subsection 5(2) prior to the coming into force of these Regulations and the date of filing of the supplement is deemed to be the date of the coming into force of these Regulations.

• — SOR/2006-242, s. 8

  8. Subsection 8(4) of the Patented Medicines (Notice of Compliance) Regulations, as enacted by subsection 5(2) of these Regulations, does not apply to an action commenced under section 8 of the Patented Medicines (Notice of Compliance) Regulations prior to the coming into force of these Regulations.

• — SOR/2008-211, s. 4

  • 4. (1) Words and expressions used in this section have the same meaning as in the Patented Medicines (Notice of Compliance) Regulations.

  • (2) If, after March 29, 2007, the Minister deleted from the register a patent on a patent list that was submitted before June 17, 2006 solely on the basis that the patent was not relevant to the submission for a notice of compliance to which the patent list relates, the first person may, within 30 days after the day on which these Regulations come into force, deliver a written request to the Minister asking that the patent be added to the register.

  • (3) The Minister shall, within 30 days after the day on which the request referred to in subsection (2) is received, add the patent to the register.

  • (4) If, after March 29, 2007, the Minister refused to add to the register a patent on a patent list submitted before June 17, 2006 solely on the basis that the patent was not relevant to the submission for a notice of compliance to which the patent list relates, the first person may, within 30 days after the day on which these Regulations come into force, deliver a written request to the Minister asking that the patent be added to the register.

  • (5) The Minister shall, within 30 days after the later of the day on which the request referred to in subsection (4) is received and the day on which the notice of compliance referred to in that subsection is issued, add the patent to the register.

  • (6) A second person is not required to comply with subsection 5(1) of the Patented Medicines (Notice of Compliance) Regulations in respect of a patent added to the register under subsection (3) or (5) on or after the date of filing of the submission referred to in that subsection 5(1).

  • (7) A second person is not required to comply with subsection 5(2) of the Patented Medicines (Notice of Compliance) Regulations in respect of a patent added to the register under subsection (3) or (5) on or after the date of filing of the supplement referred to in that subsection 5(2).

  • (8) Subsection 6(5.1) of the Patented Medicines (Notice of Compliance) Regulations does not apply to a motion of the second person brought under subsection 6(5) of those Regulations before the date of the publication of these Regulations in Part I of the Canada Gazette.