COVID-19 Emergency Response Act permits Canadian government to use patented inventions and make regulations to address drug shortages

May 22, 2020

Authors:  David Schwartz & Nancy Pei

During the last week of March Canada rushed to implement new laws in response to COVID-19, including addition of Section 19.4 of the Patent Act. Bill C-13, entitled the COVID-19 Emergency Response Act, was introduced in Parliament on March 24, 2020 and received Royal Assent on March 25, 2020. The Bill includes temporary financial and other measures to address the COVID-19 pandemic. These measures include an expansion of government powers to use patented inventions and to address drug shortages.

In the attached PDF document, the article will expand on three key points:

  1. Government use of patented inventions
  2. New section 19.4 of the Patent Act
  3. Expanded regulation-making authority under Food and Drugs Act

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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