[Ip-health] Government Bill (House of Commons) C-13 (43-1) - Third Reading - COVID-19 Emergency Response Act - Parliament of Canada
james.love at keionline.org
Wed Mar 25 11:14:30 PDT 2020
Burcu noticed this.
March 24, 2020
R.S., c. P-4
51 The Patent Act is amended by adding the following after section 19.3:
Application by Minister
19.4 (1) The Commissioner shall, on the application of the Minister of
Health, authorize the Government of Canada and any person specified in the
application to make, construct, use and sell a patented invention to the
extent necessary to respond to the public health emergency described in the
Contents of application
(2) The application must
(a) set out the name of the patentee and the number, as recorded in the
Patent Office, of the patent issued in respect of the patented invention;
(b) include a confirmation that the Chief Public Health Officer, appointed
under subsection 6(1) of the Public Health Agency of Canada Act, believes
that there is a public health emergency that is a matter of national
(c) include a description of the public health emergency; and
(d) specify a person, if any, that is to be authorized to make, construct,
use and sell the patented invention for the purposes of responding to the
public health emergency.
Cessation of effect
(3) The authorization ceases to have effect the earlier of
(a) the day on which the Minister of Health notifies the Commissioner that
the authorization is no longer necessary to respond to the public health
emergency set out in the application, and
(b) one year after the day on which it is granted.
(4) The Commissioner shall notify the patentee of any authorization that is
granted under this section and provide them with the information referred
to in subsection (2).
Payment of remuneration
(5) The Government of Canada and any person authorized under subsection (1)
shall pay the patentee any amount that the Commissioner considers to be
adequate remuneration in the circumstances, taking into account the
economic value of the authorization and the extent to which they make,
construct, use and sell the patented invention.
Authorization not transferable
(6) An authorization granted under this section is not transferable.
For greater certainty
(7) For greater certainty, the use or sale, in relation to a public health
emergency, of a patented invention that is made or constructed in
accordance with an authorization granted under this section is not an
infringement of the patent.
Power of Federal Court
(8) On the application of the patentee, the Federal Court may make an order
requiring the Government of Canada or any person authorized under
subsection (1) to cease making, constructing, using or selling the patented
invention in a manner that is inconsistent with the authorization granted
under this section.
(9) The Commissioner shall not make an authorization under subsection (1)
after September 30, 2020.
R.S., c. S-23
Canada Student Loans Act
52 The Canada Student Loans Act is amended by adding the following after
Period — March 30, 2020 to September 30, 2020
Suspension of interest and payments
11.2 During the period that begins on March 30, 2020 and ends on September
(a) no interest is payable by a borrower on a guaranteed student loan; and
(b) no amount on account of principal and interest in respect of a
guaranteed student loan is required to be paid by the borrower.
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