Mon.Dec 07, 2020

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Effective Consent Made Easier Under the NOC Regulations

Canadian Intellectual Property Blog

Case introduction: The Patented Medicines (Notice of Compliance) Regulations (“NOC Regulations”) permit the Minister of Health (“Minister”) to issue a notice of compliance (“NOC”) to a generic company where a patentee’s effective consent is obtained. Effective consent under the NOC Regulations requires the patentee’s consent for the making, constructing, using or selling of a drug in Canada (“Activities”).