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PMPRB issues a Notice of Hearing and Notice of Application in regards to Apotex Inc.
The Notice of Application is to require that Apotex is requested to disclose the following information:
- If Apotex is entitled to any benefits as a patent owner or is entitled to exercise benefits and if the medicine has a NOC
- To provide Board Staff any information in regards to identifying medicines which Apotex has NOC and is a "patentee", other then Apo-Salvent (Form 1)
- To provide to Board Staff a Form 2 for any medicines in which Apotex has NOC and is a "patentee", other then Apo-Salvent
- To provide to Board Staff a Form 3 by Apotex
Grounds for the Application are:
A. Disclosure and Reporting of Information on the Identity and Price of any Medicines Sold in Canada by the Respondent as a Patentee of an Invention Pertaining to a Medicine. This section is based on the definition of patentee according to subsection 79(1) and 79(2) of the Act and if so then paragraph 80(1)(a) and 80(1)(b)of the Act to provide Board Staff with a Form 1 and Form 2.
B. Reporting of Information on the Identity of Licensees and Revenues and Research and Development Expenditures. This section is based on the fact that Apo-Salvent has a patent and Apo-Salvent began selling in 2002. Apotex has not filed a Form 3 in 2002-2006.
Notice of Hearing:
The purpose of the hearing is in regards to the Application, that is attached and mentioned above. If the Board finds that the Respondent is a patentee then they may direct to Respondent to file the Forms 1-3. Although they are required to file a Form 3 as Apo-Salvent has a patent pertaining to it.
This information can be found on the PMPRB Website here: http://www.pmprb-cepmb.gc.ca/english/view.asp?x=254
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