Bill C-248
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SUMMARY |
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This enactment will limit the life of patents for medicines to 17 years
and allow for compulsory licences to be granted for the manufacture
and sale of medicines after the original patentee has had the medicine
approved for marketing for four years. The royalty rate is to take into
account the amount of medical research carried out in Canada by the
applicant and the patentee. There is provision for refusal or deferral of
the licence if a patentee has been unusually delayed in commercializing
a medicine.
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The decision on the licence and its terms is to be made by the existing
Patented Medicine Prices Review Board. The Board is renamed the
Patented Medicine Review Board to reflect its wider mandate.
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The annual report of the Board is changed to a report every six
months and is to be referred to the Standing Committee on Industry. The
report is to list the applicants for the patent medicine licences under the
Act, list those refused and give the resons for refusal. This allows for
regular detailed parliamentary review of the work of the Board on
pricing and licensing.
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