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Canada's Data Protection Regime Upheld

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Catherine Lemay -- Canada's Data Protection regime was upheld by the Federal Court of Appeal on December 9, 2010 (see Apotex Inc. v. Canada (Health), 2010 FCA 334). In a unanimous decision penned by Justice Nadon, the Court found the regime was a proper delegation by the Canadian Parliament to the Governor in Council and intra vires pursuant to subsection 30(3) of the Food and Drugs Act. Moreover, the Court also found the regime intra vires the Federal government's jurisdiction under the criminal law head of the Canadian Constitution. The case involved two challenges filed by the appellants, Apotex...

Full post as published by Patent Docs on December 21, 2010 (boomark / email).