Strict 45-day time limit for starting PMNOC action was suspended by COVID-19 Federal legislation
By EsqSocial Corporation 16/12/20
The Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) require that any section 6(1) action be brought within 45 days after the day on which the first person is served with a notice of allegation (NOA). The Federal Court has permitted such an action relating to dolutegravir (ViiV’s TIVICAY) to continue even though it was not commenced within this 45-day time limit: ViiV v Sandoz, 2020 FC 1040. Sandoz had brought a motion for summary judgment or, in the alternative, to...
By: Smart & Biggar