When is the deadline for action for a declaration of infringement following a notice of allegation (pmnoc linkage)?
The catalogue records a 45 days period from Day on which the first person is served with the notice of allegation. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
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Calculation basis and source
- Period
- 45 days
- Trigger
- Day on which the first person is served with the notice of allegation
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None. The 45 days is a hard regulatory window and is not a period "provided by these Rules or fixed by an order of the Court", so Federal Courts Rules r 8 does not extend it.
- Added on verification: this is one of the most time-critical Federal Court deadlines in Canadian pharmaceutical practice and was absent from the researched catalogue. Commencing the action within the 45 days is what engages the statutory stay in s 7 of the Regulations on the issuance of a notice of compliance to the second person, so missing it forfeits the stay as well as the timing advantage. Text of s 6(1) read at laws-lois.justice.gc.ca. Note that the trigger is service on the FIRST PERSON, which can differ from the day an owner of a patent receives its own copy.