The Patented Medicine Prices Review Board (PMPRB) has published draft guidelines describing its regulatory framework and the tests that it will use to assess whether the price of a patented medicine is “excessive” in Canada. Stakeholders can submit comments on the draft guidelines by December 5, 2022. Comments will be made public.
Please see Torys’ past bulletins on the PMPRB for more information on the history of the amendments to the Patented Medicines Regulations (PMR) and ongoing litigation involving PMPRB1.
The draft guidelines distinguish between “existing” and “new” medicines. “Existing medicines” are those: a) for which a Notice of Compliance (NOC, or marketing authorization) was issued prior to July 1, 2022, and any dosage forms/strengths of such medicines that are issued an NOC after July 1, 2022; and b) medicines approved under the Special Access Programme prior to July 1, 2022. “New medicines” are all medicines that are not existing medicines.
The draft guidelines outline the criteria that will trigger an investigation by PMPRB staff into the price of the patented medicine:
Once an investigation is opened, Board Staff will apply the same level of regulatory scrutiny to all medicines, regardless of NOC date, in determining whether to recommend a hearing to the Board Chair.
Stakeholders are invited to provide comments on the draft guideline until December 5, 2022. All comments received will be published on the PMPRB website. The PMPRB indicated that it is aiming to publish final guidelines before the end of the year, suggesting that the framework under the draft guidelines is unlikely to materially change regardless of the feedback that is received.
Torys has written extensively on PMPRB developments; see below for a selection:
To discuss these issues, please contact the author(s).
This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.
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