A new type of product claim is emerging in the Australian class action market; one which has been part of the US class action landscape for many years. Unlike previous product class actions where the safety of the product was
class action
Consumer claims under Canada’s patent regime foreclosed
In Low v. Pfizer Canada Inc. the British Columbia Court of Appeal accepted Pfizer’s argument that the Canadian patent regulatory regime does not provide the basis for a civil action by consumers based on alleged breaches of the patent regime. The Court found, in relation to a claim pertaining to Pfizer’s Viagra, that the patent regime conferred no rights on consumers, nor did the regime evince and intention to allow consumers to make claims. The Court accepted that where Parliament has comprehensively legislated in a particular area, as it has in respect to patents, it was reasonable to infer that it did not intend recovery to extend beyond those embodied in the regime. As a result, Mr. Low’s claim, which was based on the patent regime, was dismissed.
Pharma in Focus – reforming class actions for pharmaceutical claims
The issue of reforming class actions for pharmaceutical claims is highlighted in this opinion piece by Partner Toby Biddle on the Vioxx litigation.
This article was originally published by Pharma In Focus and is reproduced with permission.
Vioxx case highlights
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