24. Cancellation of registration of therapeutic product subject to patent dispute

Without prejudice to the generality of section 37(1) of the Act, the Authority may, upon an application by any interested person, cancel the registration of a therapeutic product, if the Authority is satisfied —

that —

a court has determined that the doing of an act authorised by the registration infringes a patent under the Patents Act 1994; or

a court has determined that the declaration made under regulation 23(2) contains a statement that is false or misleading in a material particular or omits to disclose any matter that is material to the application; and

that the determination mentioned in sub-paragraph (a)(i) or (ii) is final.

For the purposes of paragraph (1)(b), a determination is final if it is not subject to further appeal.

Without prejudice to the generality of section 37(1) of the Act, the Authority may, upon an application by any interested person, cancel the registration of a therapeutic product, if the Authority is satisfied —

that —

a court has determined that the doing of an act authorised by the registration infringes a patent under the Patents Act 1994; or

a court has determined that the declaration made under regulation 23(2) contains a statement that is false or misleading in a material particular or omits to disclose any matter that is material to the application; and

that the determination mentioned in sub-paragraph (a)(i) or (ii) is final.

For the purposes of paragraph (1)(b), a determination is final if it is not subject to further appeal.