• Supreme Court of Canada Confirms Patented Medicine Prices Review Board Interpretation of the Term “Sold in Any Market in Canada” And Underlines the Consumer Protection Purposes of the Board’s Role
  • January 24, 2011 | Authors: Kirsten T. Crain; Barbara A. McIsaac
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • In Celgene Corp v. Canada (Attorney General) 2011 SCC, Justice Abella, writing for the full court, addressed the term “is being or has been sold in any market in Canada” and determined that ordinary commercial definitions of place of sale were not determinative of the jurisdiction of the PMPRB to decide if prices being charged for a patented medicine are excessive or not.