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Patent Act

Version of section 79 from 2021-06-30 to 2022-07-25:


Marginal note:Definitions

  •  (1) In this section and in sections 80 to 103,

    Board

    Board means the Patented Medicine Prices Review Board continued by section 91; (Conseil)

    Consumer Price Index

    Consumer Price Index means the Consumer Price Index published by Statistics Canada under the authority of the Statistics Act; (indice des prix à la consommation)

    medicine

    medicine includes a drug, as defined in section 104, and a medicinal ingredient; (médicament)

    Minister

    Minister means the Minister of Health or such other Member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this section and sections 80 to 103; (ministre)

    patentee

    patentee, in respect of an invention pertaining to a medicine, means the person for the time being entitled to the benefit of the patent for that invention and includes, where any other person is entitled to exercise any rights in relation to that patent other than under a licence continued by subsection 11(1) of the Patent Act Amendment Act, 1992, that other person in respect of those rights; (breveté ou titulaire d’un brevet)

    regulations

    regulations means regulations made under section 101; (règlement)

    rights holder

    rights holder means, in respect of an invention pertaining to a medicine, a patentee and the person for the time being entitled to the benefit of a certificate of supplementary protection for that invention, and includes, if any other person is entitled to exercise rights in relation to the certificate, that other person in respect of those rights. (titulaire de droits)

  • Marginal note:Invention pertaining to a medicine

    (2) For the purposes of subsection (1) and sections 80 to 101, an invention pertains to a medicine if the invention is intended or capable of being used for medicine or for the preparation or production of medicine.

  • 1993, c. 2, s. 7
  • 1996, c. 8, s. 32
  • 2017, c. 6, s. 46
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