Termination of an Authorization by the Federal Court of Canada
The patent holder may seek an order from the Federal Court of Canada to terminate a
compulsory licence, if the patent holder can
establish that any information in the application by the licence holder is inaccurate or that the
licence holder has failed
- to establish and maintain an appropriate website;
- to provide for all shipments an export notice to the patent holder, the importing country and the
purchaser;
- to pay the prescribed royalty to the patent holder; or
- to provide the patent holder and the Commissioner of Patents with a copy of any supply agreement
related to the licence.
The patent holder may also seek an order to terminate a compulsory licence, if it can be proven that the drug
or medical device exported
- has been re-exported in a manner contrary to the
August 2003 World
Trade Organization Decision with the knowledge of the licence holder;
- was exported to a country other than the country named in the licence;
- was exported in an amount greater than the quantity authorized by the compulsory licence; or
- was used by a non-WTO member country for commercial purposes or the country failed to adopt
anti-diversion measures as specified by
Article 4 of the Decision.
For more information on the termination of an authorization by the Federal Court of Canada, refer to Section 21.14
of the Patent
Act.
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