[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