PATENTS |
Practice |
Bristol-Myers Squibb Co. v. Canada (Attorney General)
T-1898-01
2002 FCT 208, Pelletier J.
26/2/02
9 pp.
Applicant Bristol Myers Squibb holder of patent with respect to medicine known as paclitaxel, filed patent list with respect to product under Patented Medicines (Notice of Compliance) Regulations--Respondent Biolyse Pharma Corporation filing New Drug Submission for medicine paclitaxel--Minister issuing Notice of Compliance without requiring Biolyse to prepare, serve notice of allegation with respect to applicant's patent--Applicant commenced application for judicial review of Minister's decision-- Brought motion for production of documents notwith-standing issuance of certificate under Canada Evidence Act, s. 37--Whether Minister's determination Biolyse's submission not within Regulations, s. 5(1), (1.1) could withstand judicial scrutiny--Production of documents in tribunal's possession in course of applications for judicial review governed by r. 317--Minister asserted right to exempt material in his possession from production by issuing certificate under Canada Evidence Act, s. 37-- Specified public interest claimed by Minister's representative confidence of drug manufacturers proprietary commercially confidential information will not be made public to their detriment--Public interest advanced by disclosure public interest in lawful administration of Regulations, tested by application for judicial review-- Lawful administration of Regulations, requirements of administration of justice justify encroachment upon specified interests identified in certificate--R. 317, rule of narrower application, governing production of documents by tribunal--Only document properly produced before Court document of which production demanded in notice of application--Motion adjourned for parties to attempt to negotiate protective order acceptable to all with respect to document--Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 5(1) (as am. by SOR/98-166, s. 4), (1.1) (as enacted by SOR/99-379, s. 2)--Canada Evidence Act, R.S.C., 1985, c. C-5, s. 37--Federal Court Rules, 1998, SOR/98-106, r. 317.