Canada: COVID-19 Emergency Response Act (S.C. 2020, c. 5)

March 25, 2020

Canada: The COVID-19 Emergency Response Act (S.C. 2020, c. 5) was passed on March 25, 2020, and entered into force on different dates.

Part 12, section 51 of the Act, which entered into force on March 25, 2020, amends the Patent Act by adding a new section 19.4 to empower the Commissioner of Patents, on the application of the Minister of Health, to authorize the Government of Canada or another specified person to make, construct, use and sell a patented invention to the extent necessary to respond to a public health emergency that is a matter of national concern, until September 30, 2020.

The Act includes safeguards to protect the interests of patent holders, such as:

(i) ensuring that a patent holder receives adequate remuneration for the use of the patent;

(ii) placing limitations on the duration of the authorization;

(iii) providing the patent owner with notice of the authorization; and

(iv) ensuring that the patent owner has recourse to the courts if any authorized person acts outside the scope of the authorization.