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Patent Act

Version of section 88 from 2021-06-30 to 2023-11-14:


Marginal note:Sales and expense information, etc., to be provided

  •  (1) A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, or as the Board may, by order, require, provide the Board with the information and documents that the regulations or the order may specify respecting

    • (a) the identity of the licensees in Canada of the rights holder;

    • (b) the revenue of the rights holder, and details of the source of the revenue, whether direct or indirect, from sales of medicine in Canada; and

    • (c) the expenditures made by the rights holder in Canada on research and development relating to medicine.

  • Marginal note:Additional information

    (2) If the Board believes on reasonable grounds that any person has information or documents pertaining to the value of sales of medicine in Canada by a rights holder or the expenditures made by a rights holder in Canada on research and development relating to medicine, the Board may, by order, require the person to provide the Board with any of the information or documents that are specified in the order, or with copies of them.

  • Marginal note:Compliance with order

    (3) A person in respect of whom an order is made under subsection (1) or (2) shall comply with the order within such time as is specified in the order or as the Board may allow.

  • Marginal note:Information, etc., privileged

    (4) Subject to section 89, any information or document provided to the Board under subsection (1) or (2) is privileged, and no person who has obtained the information or document pursuant to this Act shall, without the authorization of the person who provided the information or document, knowingly disclose the information or allow it to be disclosed, except for the purposes of the administration of this Act.

  • 1993, c. 2, s. 7
  • 2017, c. 6, s. 53

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