Canada-Patent Protection of Pharmaceutical Products, Report of the Panel, WTO, WT/DS114/R (2000)

Case Description

A WTO dispute settlement panel ruled that:

(1) Regulatory review exception – that permits competitors to use a patented invention, without the authorization of the patent holder, for the purposes of obtaining marketing approval – is consistent with the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS);

(2) Stockpiling exception – that allows competitors to manufacture and stockpile patented pharmaceuticals for sale upon expiration of the patent – is inconsistent the TRIPS.

Decision Year
Case Summary
Post-grant flexibilities