Reverse Payment Agreement for Canada

Reverse Payment Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws that establishes terms between a brand-name pharmaceutical company (patent holder) and a generic drug manufacturer regarding delayed market entry of generic products. The agreement includes provisions for payment from the patent holder to the generic manufacturer, specific entry dates, compliance with competition laws, and detailed terms of settlement. This document must carefully balance intellectual property rights with competition law requirements under Canadian jurisdiction, particularly considering the Competition Act and Patent Act provisions.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Reverse Payment Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Reverse Payment Agreement?

The Reverse Payment Agreement is a specialized legal instrument used in the Canadian pharmaceutical industry to resolve patent disputes between brand-name pharmaceutical companies and generic manufacturers. This document becomes relevant when parties wish to settle patent litigation through an arrangement where the patent holder makes payments to the generic manufacturer in exchange for delayed market entry. The agreement must carefully navigate Canadian competition law requirements, particularly under the Competition Act, while addressing patent rights under the Patent Act. It typically includes detailed provisions about payment structures, entry dates, compliance protocols, and settlement terms. The document is particularly sensitive from a competition law perspective and requires careful drafting to ensure it doesn't violate Canadian antitrust regulations. These agreements have come under increased scrutiny from Canadian competition authorities, making it essential to include robust compliance provisions and clear justification for the settlement terms.

What sections should be included in a Reverse Payment Agreement?

1. Parties: Identification of the patent holder and generic manufacturer, including their corporate details and registered addresses

2. Background: Context of the patent dispute, reference to relevant patent(s), and basis for settlement

3. Definitions: Definitions of key terms including Patent Rights, Licensed Products, Entry Date, Territory, and other relevant terms

4. Settlement Terms: Core terms of settlement including withdrawal of litigation and mutual releases

5. Payment Provisions: Details of reverse payments, including amount, timing, and conditions

6. Entry Date Commitments: Specific provisions regarding the agreed market entry date for generic products

7. Pre-Entry Obligations: Obligations and restrictions on the generic manufacturer prior to the entry date

8. Competition Law Compliance: Explicit provisions ensuring compliance with Canadian competition laws

9. Representations and Warranties: Standard and specific representations regarding patent rights, capacity, and compliance

10. Confidentiality: Provisions governing the confidentiality of agreement terms and related information

11. Term and Termination: Duration of the agreement and circumstances allowing early termination

12. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Reverse Payment Agreement?

1. Supply Arrangements: Optional provisions for supply of authorized generic products, used when the agreement includes early entry or authorized generic arrangements

2. Technology Transfer: Provisions for sharing technical information, used when the agreement includes technical cooperation

3. Patent Challenge Provisions: Specific terms regarding future patent challenges, included when parties want to address potential future disputes

4. Related Market Provisions: Terms regarding other markets or territories, included for multi-jurisdiction arrangements

5. Alternative Dispute Resolution: Specific dispute resolution procedures, included when parties prefer alternative methods to litigation

6. Regulatory Compliance: Additional regulatory compliance provisions, included when dealing with specific provincial requirements

What schedules should be included in a Reverse Payment Agreement?

1. Schedule A - Patent Rights: Detailed list of relevant patents and their status

2. Schedule B - Licensed Products: Specific description of products covered by the agreement

3. Schedule C - Payment Schedule: Detailed payment terms, amounts, and timing

4. Schedule D - Pre-Entry Activities: Permitted and prohibited activities prior to entry date

5. Schedule E - Competition Law Compliance Protocol: Detailed procedures for ensuring competition law compliance

6. Appendix 1 - Form of Release: Standard form for mutual releases

7. Appendix 2 - Notice Requirements: Specific requirements for notices under various regulatory regimes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Pharmaceuticals

Healthcare

Biotechnology

Life Sciences

Chemical Manufacturing

Healthcare Distribution

Medical Research

Patent Law

Competition Law

Relevant Teams

Legal

Regulatory Affairs

Compliance

Executive Leadership

Business Development

Research & Development

Finance

Intellectual Property

Commercial Operations

Corporate Development

Relevant Roles

Chief Legal Officer

Patent Attorney

Competition Law Counsel

Regulatory Affairs Director

Chief Executive Officer

Business Development Director

Chief Commercial Officer

Intellectual Property Manager

Corporate Counsel

Compliance Officer

Vice President of Legal Affairs

Head of Research and Development

Chief Financial Officer

Regulatory Compliance Manager

Patent Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Lawsuit Settlement Agreement

A Canadian law-governed agreement that documents the terms of a lawsuit settlement, including compensation, releases, and implementation requirements.

find out more

Family Court Consent Order Property Settlement

A court-approved document establishing the agreed property division between separating couples in Canadian family courts, providing a legally binding framework for asset distribution.

find out more

Proposed Settlement Agreement

A Canadian legal document that formalizes dispute resolution between parties, outlining settlement terms and conditions under Canadian federal and provincial law.

find out more

Pre Possession Agreement

A Canadian legal document enabling property buyers to take possession before closing, outlining terms and conditions under provincial law.

find out more

Car Accident Payment Agreement

A Canadian legal document establishing payment terms and conditions between parties involved in a motor vehicle accident, ensuring compliance with provincial and federal regulations.

find out more

Motor Vehicle Accident Settlement Agreement

A Canadian legal agreement that formalizes the settlement terms and conditions between parties involved in a motor vehicle accident, complying with provincial regulations.

find out more

Full And Final Settlement Agreement Divorce

A comprehensive legal agreement under Canadian law that finalizes all aspects of a divorce settlement between spouses, including property division, support obligations, and mutual releases.

find out more

Divorce Asset Agreement

A Canadian legal agreement that documents the division of assets and financial obligations between divorcing spouses under federal and provincial family law.

find out more

Bodily Injury Release

A Canadian legal agreement that releases liability for bodily injury claims, typically used in settlement situations across various Canadian jurisdictions.

find out more

Accident Agreement

A Canadian legal document that formalizes the settlement of claims and responsibilities arising from an accident, including terms of settlement and release of liability.

find out more

Settlement Agreement (Real Estate)

A Canadian legal document that formalizes the resolution of real estate disputes or transactions, incorporating federal and provincial property law requirements.

find out more

Settlement Agreement After Dismissal

A Canadian legal document that formalizes the terms of an employment termination settlement, including payments, releases, and ongoing obligations between employer and employee.

find out more

Stipulation Of Agreement

A Canadian legal document recording mutually agreed-upon terms between parties, typically used in legal proceedings or dispute resolution under Canadian federal and provincial jurisdiction.

find out more

Labour Settlement Agreement

A Canadian legal document that formalizes the settlement of employment-related disputes between employers and employees, outlining agreed terms and conditions under Canadian labour law.

find out more

Motor Accident Private Settlement Agreement

A Canadian jurisdiction agreement that formalizes private settlement terms between parties involved in a motor vehicle accident, including compensation and release of claims.

find out more

Debt Settlement Agreement Contract

A Canadian legal document that formalizes an agreement between creditor and debtor for settling an outstanding debt for less than the full amount owed, subject to federal and provincial regulations.

find out more

Wage Settlement Agreement

A Canadian legal agreement that formalizes the resolution of wage-related disputes between employers and employees, establishing settlement terms and payment conditions.

find out more

Mutual Release Of All Claims

A Canadian law-governed bilateral agreement where parties mutually release all claims against each other, whether known or unknown.

find out more

Trademark Infringement Settlement Agreement

A Canadian law-governed agreement resolving trademark infringement disputes between parties, outlining settlement terms and compliance requirements under federal trademark regulations.

find out more

Employment Discrimination Settlement Agreement

A Canadian legal agreement resolving employment discrimination claims, outlining settlement terms and obligations under federal and provincial laws.

find out more

Mutual Settlement Agreement

A Canadian law-governed agreement that documents the mutually agreed terms for resolving disputes between parties, including settlement terms and releases.

find out more

Labor Settlement Agreement

A legally binding agreement under Canadian law that documents the settlement terms between employer and employee in employment-related disputes or terminations.

find out more

Constructive Dismissal Settlement Agreement

A Canadian agreement documenting settlement terms between employer and employee in constructive dismissal cases, including compensation, releases, and mutual obligations.

find out more

Consent Decree Divorce

A Canadian legal document representing a mutually agreed divorce settlement that requires court approval under federal and provincial law.

find out more

Legal Divorce Agreement

A Canadian legal document that formalizes divorce terms and conditions between spouses, including property division, support arrangements, and custody matters where applicable.

find out more

Termination And Settlement Agreement

A Canadian law-governed agreement that formalizes employment termination terms and settles all related claims between employer and employee.

find out more

Separation And Settlement Agreement

A Canadian legal agreement that establishes the terms and conditions of separation between spouses, addressing property division, support, and parenting arrangements under federal and provincial law.

find out more

Redundancy Agreement

A legal document under Canadian law that formalizes employment termination due to redundancy, outlining severance terms and mutual obligations.

find out more

Precedent Settlement Agreement

Canadian Settlement Agreement template suitable for resolving various types of disputes under Canadian federal and provincial law.

find out more

Monetary Settlement Agreement

A Canadian jurisdiction agreement that formalizes monetary settlement terms and conditions between parties, ensuring compliance with federal and provincial laws.

find out more

Lawsuit Settlement Non Disclosure Agreement

A Canadian-law compliant confidentiality agreement for lawsuit settlements, combining settlement terms with comprehensive confidentiality obligations.

find out more

Global Settlement Offer Divorce

A comprehensive Canadian divorce settlement agreement that resolves all issues related to marriage dissolution, including property division and support obligations.

find out more

Binding Settlement Agreement

A legally binding document under Canadian law that formalizes the resolution of disputes between parties and establishes enforceable settlement terms.

find out more

Settlement Agreement Property

Canadian legal document formalizing property settlement terms and transfer arrangements between parties.

find out more

Marriage Settlement Agreement

A Canadian legal agreement that formalizes the terms of separation between married spouses, including property division and support arrangements, compliant with federal and provincial family laws.

find out more

Injury Settlement Agreement

A Canadian legal document that formalizes the settlement of personal injury claims, outlining compensation terms and releasing future claims under Canadian federal and provincial jurisdiction.

find out more

Inheritance Settlement Agreement

A Canadian legal agreement that formalizes the terms and conditions for settling and distributing inheritance among beneficiaries, governed by provincial and federal laws.

find out more

Full And Final Settlement Agreement For Employee

A Canadian employment law agreement that finalizes employment termination and settles all claims between employer and employee, providing a comprehensive release and settlement terms.

find out more

Estate Family Settlement Agreement

A Canadian legal agreement that formalizes the terms and conditions for estate distribution among family members and beneficiaries, ensuring compliance with federal and provincial estate laws.

find out more

Divorce And Financial Agreement

A Canadian legal agreement that outlines divorce terms and financial arrangements between separating spouses, compliant with federal and provincial family law.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now