On December 5, 2022, the Federal Court of Appeal (FCA) dismissed Innovative Medicines Canada (IMC) and sixteen innovative pharmaceutical companies’ appeal regarding the validity of the amended basket of comparator countries...more
In the first appellate decision relating to Certificates of Supplementary Protection (CSPs), the Federal Court of Appeal has allowed the appeal of the Minister of Health (the Minister), setting aside the lower court...more
4/29/2021
/ Appeals ,
Canada ,
Certificates of Supplementary Protection (CSPs) ,
CETA ,
Health Canada ,
Minister of Health ,
Patent Act ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standard of Review
UPDATE: On January 13, 2021, the Minister of Health refused the application on reconsideration. Viiv sought but later discontinued a second application for judicial review (T-258-21).
In a decision dated July 10, 2020,...more
UPDATE: See July 15, 2020 article here describing the decision in more detail. On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On...more
The first decision considering the scope and meaning of the provisions in the Patent Act relating to Certificates of Supplementary Protection (CSPs) has now been released. Justice Barnes of the Federal Court in...more
5/14/2020
/ Canada ,
Certificates of Supplementary Protection (CSPs) ,
CETA ,
EU ,
GlaxoSmithKline ,
Health Canada ,
Patent Act ,
Patent Litigation ,
Patented Medicines ,
Patents ,
Vaccinations
The amendments to the Patented Medicines Regulations (Regulations) published on August 21, 2019 have been the subject of two court challenges launched by groups of innovative pharmaceutical companies (22 companies in total)...more
On August 9, 2019, Health Canada announced the final amendments to the Patented Medicines Regulations (see news release here and RIAS here). These amendments represent the first substantive revision to the Regulations since...more
8/12/2019
/ Amended Regulation ,
Canada ,
Drug Pricing ,
Exemptions ,
Final Rules ,
Health Canada ,
Patent Act ,
Patented Medicine Prices Review Board (PMPRB) ,
Patented Medicines ,
Patents ,
Rebates ,
Reporting Requirements
On December 2, 2017 Canada’s Governor-in-Council published proposed Regulations Amending the Patented Medicines Regulations (“the proposed Regulations”). The 75-day consultation period ends February 15, 2018. The proposed...more
12/5/2017
/ Canada ,
Consultation Periods ,
Drug Pricing ,
Health Canada ,
Life Sciences ,
Patent Act ,
Patented Medicine Prices Review Board (PMPRB) ,
Patented Medicines ,
Pharmaceutical Industry ,
Proposed Regulation ,
Reporting Requirements ,
Third-Party
The government has published the long anticipated draft regulations regarding:
- changes to the Patented Medicines (Notice of Compliance) Regulations [“PMNOC Regulations”], and
- proposed Regulations to implement...more
Bill C-30 was passed by the Senate yesterday, May 11, 2017 without amendment. Bill C-30 is the bill that will implement the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). As reported here, this...more
After seven years of talks, delays and drama, changes to Canada’s intellectual property laws as a result of the nation’s free trade deal with the European Union are finally coming into view.
On Oct. 31, the federal...more