[Ip-health] Canadian compulsory licensing case involving Merck and Brantford Chemicals
James Love
james.love@cptech.org
Sun Dec 24 15:57:01 2006
On November 7, 2006, a Canadian court rejected a compulsory license
application in Canada that was based in part upon a refusal to
license the patent to Brantford Chemicals. The court's decision is
here:
http://decisions.fct-cf.gc.ca/en/2006/2006fc1341/2006fc1341.html
Citation: 2006 FC 1341
Vancouver, British Columbia, November 7, 2006
PRESENT: The Honourable Madam Justice Mactavish
BETWEEN:
BRANTFORD CHEMICALS INC. (sub. nom. APOTEX PHARMACHEM INC.)Appellant,
and
THE COMMISSIONER OF PATENTS, ATTORNEY GENERAL OF CANADA
and MERCK & CO., INC.
Respondents
REASONS FOR JUDGMENT AND JUDGMENT