On April 27, 2023, the Supreme Court of Canada dismissed an application by Apotex Inc. and Apotex Pharmachem Inc. (Apotex) for leave to appeal from a decision of the Ontario Court of Appeal (ONCA), dismissing its
2023
PMPRB Update: Federal Standing Committee on Health begins review of the Board


The Standing Committee on Health (HESA) has begun a study on the Patented Medicine Prices Review Board (PMPRB). HESA is made up of 12 Members of Parliament representing the four main parties in the House of…
Bill C-47 introduces patent term adjustment: Proposed term to run concurrently with term of Certificate of Supplementary Protection



On April 20, 2023, the federal government tabled legislation (Bill C-47) that would amend the Patent Act to bring, for the first time, a system of general patent term adjustment (PTA) into Canada. Canada is required…
U.S. Trade Representative cites Canada’s “IP problems” including pharmaceutical patent protection


On April 26, 2023, the Office of the United States Trade Representative (USTR) released its 2023 Special 301 Report on intellectual property. The report keeps Canada on a Watch List of 29 U.S. trading partners that “merit bilateral attention…
Federal Court of Appeal rejects elevated standard of proof for induced infringement in paliperidone case
The Federal Court of Appeal (FCA) has allowed an appeal concerning induced infringement in an action under the Patented Medicines (Notice of Compliance) Regulations (Regulations). The FCA found that the Federal Court (FC) had…
Canada announces its first-ever national strategy for drugs for rare diseases



On March 22, 2023, Canada’s federal government announced its first-ever National Strategy for Drugs for Rare Diseases, including an investment of up to $1.5 billion over three years to help increase drug access and affordability.
Investments made as part
…Federal Court launches IP Chamber pilot project


The Federal Court has created a new, specialized Chamber of judges to be used for assigning intellectual property and competition law hearings.
The Chamber formalizes the Court’s existing practice of endeavouring to assign judges with relevant IP expertise to preside…
Higher costs awards coming to the Federal Court, including for pharma regulatory and IP disputes



Higher costs awards for Federal Court litigation are on the horizon, with the Canadian government consulting on proposed amendments to the costs structure in the Federal Courts Rules (the Rules). The proposed amendments are intended to increase costs awards…
PMPRB Update: New Chairperson Appointed


The Governor in Council has appointed Thomas J. Digby as the new Chairperson of the Patented Medicine Prices Review Board (PMPRB).
According to the Government’s news release, “Mr. Digby is a lawyer with expertise in intellectual property…
Pharma in Brief: The 2022 Year in Review
Does 2022 already seem like a blur? The Pharma in Brief team is here for you with a summary of some of 2022’s most significant legal and regulatory developments in the Canadian pharmaceutical space. We also flag what to watch…