Constitutionality of the Pharmaceutical Data Protection Regulations Affirmed

The Supreme Court of Canada has dismissed applications brought by Apotex Inc and the Canadian Generic Pharmaceutical Association for leave to appeal the Federal Court of Appeal ruling, which held that the data protection provisions of the Food and Drug Regulations (section C.08.004.1), as enacted in 2006 (Data Protection Provisions), were constitutionally valid. The Court of Appeal ruling and trial level ruling were previously commented on in E-TIPS®. The Supreme Court dismissals have the effect of confirming the constitutional validity of the Data Protection Provisions. For the publication of confirmation of the dismissals, visit: http://scc.lexum.org/en/bulletin/2011/2011-07-15.bul/2011-07-15.bul.html Summary by: Michael Migus