VPATAPP Alert_Patent Regulatory Regime Prohibits Parallel Consumer Civil Actions Rooted in Patent Act Breaches

Canadian patent update:

http://www.lexology.com/library/detail.aspx?g=8bdbd7d5-d581-42eb-8338-bd0ddfc06f03

This British Columbia Court of Appeal (“BCCA”) decision confirmed that the patent regulatory regime – that being the Patent Act, RSC 1985, c P-4, the Patent Rules, SOR/96-423 the Food and Drugs Act, RSC 1985, c F-27, the Food and Drug Regulations, CRC, c 870, Part C, Division 8, C.08.004, and the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 – is a complete code which forecloses parallel civil actions rooted in a breach of the Patent Act commenced by consumers. As such, consumers who had paid inflated prices for Viagra during the period during which the drug was protected by a patent which was ultimately found invalid, could not bring a class action for unlawful interference with economic relations and unjust enrichment.. A generic manufacturer can only make a claim for its own losses under the Patented Medicines (Notice of Compliance) Regulations. There is no common law remedy available to consumers for breaches of the Patent Act. If a generic manufacturer has no cause of action against a brand name manufacturer, then an action by a consumer for unlawful interference with economic relations and/or unjust enrichment will similarly not be successful.