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PMPRB announces that ALL benefits must be filed and included in ATP

In a Stakeholder's Communique released today, the Board announced that beginning with the January - June 2009 reporting period, it is mandatory to file all benefits, and they will be included in the calculation of the average price. As a result, all of the following must be included in the calculations of ATP:
  • rebates (including rebates/payments to third parties);
  • discounts;
  • free goods;
  • free services;
  • gifts; and
  • other benefits of a like nature.
Interesting to note:
  1. "...any benefits not connected to sales are not to be reported for the purposes of the Board’s consideration of factors in 85(1) of the Act."
  2. Dovobet decision was not listed as part of the legal framework supporting this decision.
  3. Schedule of process moving forward:
    • August 20, 2008: Draft revised Guidelines posted for consultation on PMPRB web site
    • October 6: deadline for stakeholder's submissions on the draft revised Guidelines
    • October 22: Board meeting
    • November 17: Release of the amended Compendium of Policies, Guidelines and procedures, and transition and implementation plans
    • November - December: Board Staff outreaches to assist patentees in the implementation of the revised Guidelines

Brogan seminars will be held this fall:
  • PMPRB Fundamentals Seminar is being held on September 18 in Montreal and September 19 in Toronto. This is a day-long introduction to the Patented Medicine Prices Review Board rules and policies including Scientific Review Procedures, Excessive Price Guidelines, Compliance and Enforcement Policy and Data Filing. Click_here_for_Fundamentals_Seminar_registration


  • PMPRB Advanced Seminar is being held on October 28 in Montreal and October 29 in Toronto. This in-depth, day-long session provides a greater understanding of the PMPRB, especially in the areas of Voluntary Compliance Undertakings, Hearings, Category 2 Drugs, and Category 3 Drugs. Barb Ouellet, Executive Director of the PMPRB, and Ginette Tognet, Director of Compliance at the PMPRB, will join us for a brief presentation in the afternoon. Click_here_for_Advanced_Seminar_registration.


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