Caroline Henrie

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Overview of IP Law in Canada – The Intellectual Property Review, 11th Edition

By Caroline Henrie and Kristin Wall on May 18, 2022 Posted in Intellectual property

The recently published Eleventh Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in Canadian IP law over the past year. The chapter was authored by members of the Pharma in Brief team. The chapter … Continue reading

Amendments to the Federal Courts Rules

By Caroline Henrie, David Yi and Allyson Whyte Nowak on January 12, 2022 Posted in Uncategorized

Amendments to the Federal Courts Rules (the Amended Rules) were registered on December 13, 2021 and officially published in the Canada Gazette Part II on December 22, 2021. The Amended Rules come into force on January 13, 2022. Key Changes and Additions As we previously reported, in April 2021 the Rules Committee of the Federal … Continue reading

Federal Court of Appeal provides guidance on disclosure exemptions in ATI requests

By Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on October 28, 2021 Posted in Life sciences and healthcare, Pharmaceuticals and life sciences

The Federal Court of Appeal (FCA) has set aside a decision of the Federal Court (FC), which had invalidated Health Canada’s decision to disclose records in response to a request (ATI Request) made pursuant to the Access to Information Act (the Act). The FCA remitted the matter to the FC for redetermination. Procedural Background As … Continue reading

Overview of IP Law In Canada – The Intellectual Property Review, 10th Edition

By Caroline Henrie, Adam Haller and Kristin Wall on June 8, 2021 Posted in Uncategorized

The recently published Tenth Edition of the Intellectual Property Review (the Review) includes a Canadian chapter. Readers are invited to learn more on the various forms of IP protection available in Canada, and highlights of important changes in Canadian IP law over the past year. The chapter was authored by members of the Pharma in Brief team. The … Continue reading

Federal Court Issues Consolidated IP Guidelines

By Caroline Henrie and Kristin Wall on May 26, 2021 Posted in Intellectual property

On May 18, 2021, the Federal Court (FC) issued amended Case and Trial Management Guidelines for Complex Proceedings (the Updated FC Guidelines). As we previously reported, the FC first issued the FC Guidelines to consolidate and address topics in earlier FC Notices to the Profession. Notable amendments: The Updated FC Guidelines include the following notable … Continue reading

Federal Court updates guidance on COVID-19

By Caroline Henrie and Brian R. Daley on January 20, 2021 Posted in Intellectual property

On January 18, 2021, the Federal Court (FC) issued its latest COVID-19 Practice Direction, which supersedes all its prior COVID-19 practice directions. The FC’s facilities in Ontario and Quebec have been closed in light of the recent public health measures to combat the pandemic. The FC will continue its operations remotely in these two provinces … Continue reading

Federal Court issues new consolidated guidelines on complex proceedings

By Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on October 29, 2020 Posted in Intellectual property

On October 22, 2020, the Federal Court (FC) issued new Case and Trial Management Guidelines for Complex Proceedings (the FC Guidelines). These new consolidated FC Guidelines address many of the topics raised in the following earlier FC Notices to the Profession: Case management: Increased Proportionality in Complex Litigation before the Federal Court (June 24, 2015); … Continue reading

Overview of IP Law In Canada – The Intellectual Property Review, 9th Edition

By Caroline Henrie, Adam Haller and Kristin Wall on October 7, 2020 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

The recently published Ninth Edition of the Intellectual Property Review (the Review) includes a chapter detailing the various forms of IP protection available in Canada, and highlights important changes in Canadian IP law over the past year. The chapter was authored by members of the Pharma in Brief team. The chapter also provides an overview … Continue reading

PM(NOC) Statutory Deadlines Still Applicable

By Caroline Henrie and Amy Grenon on March 24, 2020 Posted in Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

As we reported, the Federal Court (FC) has suspended its hearings scheduled between March 16, 2020 and April 17, 2020 (the Suspension Period) sine die. Proceedings brought in accordance with the Patented Medicines (Notice of Compliance) Regulations (Regulations) fall under the FC’s jurisdiction. However, certain deadlines related to these proceedings are set by the Regulations … Continue reading

Bill C-4: New CUSMA Implementation Act Introduced

By Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on February 4, 2020 Posted in Uncategorized

On January 29, 2020, the Government introduced Bill C-4 to implement the Canada-United States-Mexico Agreement (CUSMA). The Bill, sponsored by Deputy Prime Minister Freeland, was read for the first time the same day. As we reported, the previous Government’s CUSMA implementation bill (Bill C-100) died on the Order Paper as it was not passed into … Continue reading

Federal Court invalidates Health Canada’s decision to disclose records in response to ATI request

By Caroline Henrie and Christopher A. Guerreiro on January 30, 2020 Posted in Life sciences and healthcare, Pharmaceuticals and life sciences

The Federal Court has invalidated Health Canada’s decision to disclose records pertaining to a veterinary pharmaceutical product, Fortekor Flavour Tabs (Fortekor), pursuant to the Access to Information Act (the Act). Health Canada defended its decision on the basis that the information contained in the records was “part of public domain information”. On judicial review, the … Continue reading

Health Canada Provides Guidance on Regulation of Software as a Medical Device (SaMD)

By Caroline Henrie and David Yi on January 21, 2020 Posted in Life sciences and healthcare, Pharmaceuticals and life sciences

On December 18, 2019, Health Canada published a new Guidance Document Software as a Medical Device (SaMD): Definition and Classification (Guidance Document). The Guidance Document explains what products would be regulated as SaMD under the Food and Drugs Act (Act) and the Medical Devices Regulations (Regulations) as well as information on classification of SaMD. What … Continue reading