Draft Confidentiality Orders

File No. <INSERT>

IN THE MATTER OF the Patent Act, R.S.C. 1985, c. P-4, as amended AND IN THE MATTER OF <INSERT> (the “Respondent”) and the medicine <INSERT> sold by the Respondent under the trade name <INSERT>

CONFIDENTIALITY ORDER

UPON MOTION made by  <INSERT> pursuant to Rule 25(1) of the Patented Medicine Prices Review Board Rules of Practice and Procedure and subsection 86(1) of the Patent Act for an order that certain information relating to <INSERT>, be treated as confidential and be sealed in the Board record;

AND UPON considering the evidence of the <INSERT> and the consent of the parties attached hereto;

THE BOARD ORDERS that:

1. For the purpose of this Order the following is designated as Confidential Information and may be filed and treated as confidential in accordance with this Order:
   

   a) <INSERT>

2. Whenever a party seeks to file with the Board documents or portions thereof, including affidavits, exhibits, transcripts or motion materials which contain or discuss Confidential Information as defined in paragraph 1 of this Order, in a manner that would reveal its content, the Confidential Information shall be segregated from the other information and documentation being submitted for filing and shall be submitted to the Board marked as Confidential and include the following legend:

   IN THE MATTER OF the Patent Act, R.S.C. 1985, c. P-4, as amended AND IN THE MATTER OF <INSERT> (the “Respondent”) and the medicine <INSERT> sold by the Respondent under the trade name <INSERT>

   CONFIDENTIAL INFORMATION PURSUANT
   TO THE ORDER DATED <INSERT>

3. Confidential Information that exists in a form that cannot be marked in a visible fashion shall be specifically identified as such by the producing party when produced in correspondence. Confidential Information in the form of electronic documents shall have the confidentiality designation reflected in the file name.
4. Where it is not reasonably practical to segregate Confidential Information from non-confidential information, the parties may file a confidential version of an entire document, provided that a public version of the document or volume from which the Confidential Information has been redacted is also filed on the public record.
5. The terms and conditions of use of Confidential Information and the maintenance of the confidentiality thereof during any hearing of this proceeding and any subsequent reasons for judgment thereon, shall be matters in the discretion of the Board Panel seized of the matter.
6. Where it appears to the Board Panel or to a party that documents have been filed under seal pursuant to this Confidentiality Order which do not fall within the scope of this Confidentiality Order or that information designed by this Confidentiality Order as Confidential Information is available or has been obtained by the receiving party other than through disclosure in this proceeding, or has been made public and should no longer be treated as Confidential Information, the party may seek directions from the Board Panel or the Board Panel may unilaterally issue directions for the filing party to show cause why the documents should not be unsealed and placed on the public record.
7. Any Confidential Information filed with in accordance with this Confidentiality Order shall be treated as confidential by the Board and shall not be available to anyone other than the parties and appropriate Board Secretariat Personnel.

Dated at Ottawa, this <XX> day of <INSERT>, <20XX>

Panel Members
<INSERT>
<INSERT>
<INSERT>

Counsel for Board Staff
<INSERT>
<INSERT>
<INSERT>

Counsel for the Respondent
<INSERT>
<INSERT>
<INSERT>