I think Professor Abbott was fair in saying that there is no fine. That's true. But does Canada respect its international treaty obligations? It just signed up to make the waiver a permanent amendment to TRIPS. In my opinion, it matters that Canada would comply with its international trade obligations. There is no fine, as Professor Abbott rightly said, but then you have a strategy whereby you say let's violate the law and we'll rag the puck for five years in litigation and then when we're told to fix it we'll fix it then, but in the meantime we'll have five years of illegal exports, or exports that don't comply with the decision.
On October 26th, 2010. See this statement in context.