The “Promise Doctrine” has been conclusively rejected by Canada’s highest court as a basis for invalidating a Canadian patent. In a judgment that reverses years of jurisprudence in the lower courts, the Supreme Court of Canada today held that the
June 2017
CETA Tracker: Delays for the implementation of pharmaceutical patent reform
As we reported, the Canadian government has approved changes to Canada’s pharmaceutical patent regime, including the introduction of patent term restoration and the replacement of the current summary proceedings under the Patented Medicines (Notice of Compliance) Regulations with full…
Supreme Court dismisses leave to appeal regarding notice requirements under section 5 of the PM(NOC) Regulations
As we reported, Janssen Inc. et al. filed an application for leave to appeal with the Supreme Court of Canada on December 9, 2016 with respect to the Federal Court of Appeal’s decision addressing a generic manufacturer’s notice obligations…
Health Canada releases Good Label and Package Practices Guide for Non-prescription Drugs and Natural Health Products
Health Canada recently released the Good Label and Package Practices Guide for Non-prescription Drugs and Natural Health Products (GLPP Guide). The GLPP Guide was released as part of the Regulations Amending the Food and Drug Regulations (Labelling, Packaging…
Apotex files leave to appeal to SCC on damages against Health Canada for Apo-Trazodone
Apotex filed an application for leave to appeal the decision allowing its claim for damages for misfeasance of public office, negligence and breach of contract against Health Canada based on its review of Apotex’s drug submission for Apo-Trazodone. Apotex has…
Government of Canada opens NAFTA consultations: IP on agenda
The Canadian government is requesting feedback relating to the renegotiation of the North American Free Trade Agreement. In particular, the government is asking for the public’s “views on the key areas in NAFTA that could be clarified or updated,…