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E-DRUG: Bolar Roche exemption (cont'd)



E-drug: Bolar Roche exemption (cont'd)
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This comment from Prof Davis is very helpful. I think that I was
confusing Roche/Bolar with the Waxman/Hatch bill in the U.S. which
was the one that granted the originator companies patent life
restoration and at the same time made it easier for generics to come
onto the U.S. market.

Given what Prof. Davis says there is a significant difference between
what is allowed in the U.S. versus what is allowed in Canada. If he is
correct then before patent expiration generic companies in the U.S. can
only engage in activities designed to obtain FDA approval, whereas in
Canada generic companies can not only engage in activities to obtain
regulatory approval but can also stockpile the drug in anticipation of
marketing it once the patent has expired. Of course, as I said in an
earlier message, here in Canada the originator company can delay the
marketing of a generic for up to 30 months simply by claiming that
there is still an existing patent on a drug. So it's not clear that
allowing stockpiling has much benefit for the generic industry in these
cases.

Joel Lexchin MD
121 Walmer Rd.
Toronto, Ontario
CANADA M5R 2X8
Phone: (416)-964-7186
Fax: (416)-923-9515
e mail: [email protected]
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