Smart & Biggar

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40 King Street West
Toronto, ON M5H 3Y2, Canada
Phone: 416.593.5514
Fax: 416.591.1690
Areas Of Practice
  • Agriculture
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other Countries
  • Canada
Number of Attorneys
100+ Attorneys

CDA update: new five-year strategic plan and position statement on using AI in health technology assessments

On April 15, 2025, Canada’s Drug Agency (CDA) released its new five-year strategic plan, Insight to Impact 2025-2030. Formerly the Canadian Agency for Drugs and Technologies in Health (CADTH), this is the CDA’s first strategic…more
 /  Health, Science, Computers, & Technology

Alexion awarded injunction against Amgen in SOLIRIS patent action; Court considers anticipation by incorporation by reference

The Federal Court has granted Alexion a declaration of infringement and an injunction preventing Amgen from manufacturing, using, and selling its proposed biosimilar eculizumab product, BEKEMV, in Canada until the expiration of…more
 /  Health, Intellectual Property

Quebec’s French language requirements for commerce and business: reform of the Charter of the French language

This article provides an overview of French language requirements in Quebec for commerce and business under the Charter of the French language (RLRQ c. C-11) (the French Charter) and the Regulation respecting the language of…more
 /  Administrative Law, Commercial Law & Contracts

Canadian Intellectual Property Office “Next Generation Patents” update and status as of May 13, 2025

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties,…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Health Canada publishes Guide to the precision regulating authorities under the Food and Drugs Act

In March 2025,  Health Canada published a Guide to the precision regulating authorities under the Food and Drugs Act. The Guide sets out the principles, policies, considerations and standards that Health Canada should follow in…more
 /  Administrative Law, Health

Canadian Intellectual Property Office “Next Generation Patents” update and status as of April 10, 2025

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties,…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Accelerating Canadian Plant Breeders’ Rights (PBR) applications with foreign Distinctness, Uniformity and Stability (DUS) test results

In Canada, Plant Breeders’ Rights (PBRs) provide breeders exclusive rights for up to 25 years for tree and vine varieties and 20 years for all other plant varieties, ensuring breeders can benefit from their innovations. To…more
 /  Agriculture, Intellectual Property, International Law & Trade

PMPRB announces Anie Perrault as acting Chairperson and releases latest expenditure report on private drug plan costs and utilization

On March 6, 2025, the Patented Medicine Prices Review Board (PMPRB) announced that Thomas Digby stepped down from his role as Chairperson of the PMPRB. Vice-Chairperson Anie Perrault is now serving as acting Chairperson until…more
 /  Administrative Law, Finance & Banking, Health

SCC to revisit “method of medical treatment” patent claims

This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”…more
 /  Civil Procedure, Health, Intellectual Property

Health Canada publishes guidance on submitting risk management plans

As we previously reported, agile licensing amendments to the Food and Drug Regulations and Medical Devices Regulations were registered on November 29, 2024. We are continuing to update our previous article to reflect new draft…more
 /  Administrative Law, Health, Science, Computers, & Technology

Government of Canada announces first pharmacare agreements

Update: The Government of Canada announced an agreement with the Yukon ($9.5 million over four years). The agreement text is available in the updated National pharmacare bilateral agreements resource…more
 /  Constitutional Law, Health, Science, Computers, & Technology, Government Contracting

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case No…more
 /  Commercial Law & Contracts, Conflict of Laws, Intellectual Property

Upcoming changes to Canada’s trademarks regime: what brand owners and their counsel need to know

On April 1, 2025, long-awaited amendments to Canada’s Trademarks Act and Trademarks Regulations will come into force. The purpose of the amendments is to discourage abuse of Canada’s trademarks regime and to improve the…more
 /  Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Intellectual Property

Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined terms

On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Minister of Health announces new bilateral agreements with provinces for rare disease drugs

We previously reported on Canada’s first-ever National Strategy for Drugs for Rare Diseases, which included up to $1.4 billion in funding for provinces and territories, to be negotiated through bilateral agreements. This funding…more
 /  Administrative Law, Government Contracting, Health
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