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WT/DS114 - Canada - Patent protection of pharmaceutical products

WTO dispute settlement case - Launched by the EU

Country or region
  • Canada
Trade topics
  • Dispute settlement
  • WTO - Case launched by the EU

Summary of the case

  • Complaint by: EU
  • Complaint against: Canada
  • Third parties: Austria, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, United States

Canada allows for start of commercial manufacture of patented medicines 6 months before the expiry of the patent and the manufacturing of the product for the purpose of securing the approval of generic medicines ("regulatory exception")

Relevant WTO provision: TRIPS (27.1, 28, 30, 33)


EC prevailed on stockpiling exception. Implementation period (6 Months) determined by arbitration, ends on 7 Oct. 2000.

  • Consultations requested: 19 December 1997
  • Panel requested: 11 November 1998
  • Panel established: 01 February 1999
  • Panel report circulated: 17 March 2003
  • Panel/Appellate Body report adopted: 07 April 2000
  • Implementation deadline: 07 October 2000


Full case details and WTO documents on the WTO website

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