With great respect to our colleagues at Industry Canada, I find it hard to imagine that a brand name pharmaceutical company is going to be able to go credibly before a court in Canada and say that particular tablet is not a pharmaceutical product.
If your legislation says you can get a compulsory licence on any pharmaceutical product, I don't think there's much risk of litigation here. Is Glaxo really going to go to the Federal Court of Canada and say that tablet of 3TC is not a pharmaceutical product? I think the concern is overstated, frankly.