Declaring an Attempt at Negotiating a Voluntary Licence
The pharmaceutical company must complete and submit to the Commissioner of
Patents a "Solemn or Statutory Declaration Under Paragraph 21.04(3)(c)
of the Patent Act" ( 70 kB;  43 kB). The form sets out the information that must appear in the declaration, including that the company
- unsuccessfully sought a voluntary licence from the patent holder or holders at least 30 days prior to
the date of the application; and
- provided the patent holder or holders with information that is substantially the same as in its
application.
An attempt to negotiate a voluntary licence is required to comply with Article 31(b) of the World
Trade Organization  Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
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