Final PMPRB Guidelines Released

Smart & Biggar

On Friday, October 23rd, the PMPRB released the final Guidelines operationalizing the amended Patented Medicines Regulations (Amended Regulations). The Guidelines describe the price review methodology that will be applied to medicines beginning January 1, 2021, when the Amended Regulations come into force (see our article here).

The PMPRB has also released its October 2020 NEWSletter, which includes an overview of final changes as well as next steps, outreach, and engagement opportunities.

Notably, since the publication of the revised draft Guidelines in June 2020, the Federal Court has invalidated the price calculation provision of the Amended Regulations (see our article here). The decision has been appealed. A separate challenge to the constitutionality of the PMPRB provisions of the Patent Act and the Patented Medicines Regulations is ongoing.

Smart & Biggar will publish a more detailed review of the final Guidelines next week.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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