Thursday, October 30, 2008

Tony Clement - New Minister of Industry

Congratulations to Tony Clement on his appointment as the new Minister of Industry.

Minister Clement previously was the Minister of Health. As such, he would have been very familiar with the perennially intractable debates over the Patented Medicines (Notice of Compliance) (“PMNOC”) Regulations, and the extent to which big money and big lobbying have attempted to drive national and international IP policy. He would also have been involved in debates on counterfeiting, and other matters. All of this experience makes hin a logical choice to be Minister of Industry.

There are aspects of the PMNOC wars and the copyright wars that have much in common. For those interested in the history and state of play of the PMNOC regs, this very recent important judgment in Apotex v. Merck from Mr. Justice Roger Hughes of the Federal Court explains it all in a very readable and balanced way, and indeed speaks at great length about the concept of “balance” in the context of the Patent Act and PMNOC regulations.

The Minister of Industry has enormous responsibilities for both the patent and copyright files, along with many other duties that are even more visible. We wish hm well in this very important portfolio at this very important time.


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