Canada’s Patented Medicine Prices Review Board (PMPRB) has no jurisdiction over the pricing of generic drugs, the country’s Federal Court has said, ruling in cases brought against the Board by Sandoz Canada Inc and Ratiopharm Inc (now Teva Canada Ltd).

The two companies had sought judicial review of the PMPRB’s claim that, because they sold medicines that were patented, they came within the definition of “patentee,” and that it therefore had jurisdiction over the prices they charged for their products. They rejected the Board’s classification of them as patentees, and also charged that the Board’s price control powers were unconstitutional.

It its ruling, the Court found that, under the terms of the Patent Act, the Board’s definition of Sandoz and Ratiopharm as patentees was unreasonable, and that it therefore had no such pricing jurisdiction over them. 

For more details, go to: http://www.pharmatimes.com/Article/14-06-08/Court_tells_Canadian_feds_you_cannot_control_generic_drug_prices.aspx#ixzz34BB803ld