Caroline Henrie

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Canada increases patent office fees for 2024

Photo of Christian CawthornPhoto of Stephen LamPhoto of Caroline HenrieBy Christian Cawthorn, Stephen Lam and Caroline Henrie on Posted in Intellectual property
Beginning January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement the first substantial increases to its service fees since 2004. Many fees will increase by 25% of more, though some “low materiality fees” will remain capped at $150. Meanwhile, an increase to the employee cap for “small entity” status will increase the number … Continue reading

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

Photo of Caroline HenriePhoto of Kristin WallBy Caroline Henrie and Kristin Wall on 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

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

Photo of Caroline HenriePhoto of Christopher A. GuerreiroPhoto of Kristin WallBy Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on 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

Photo of Caroline HenriePhoto of Kristin WallBy Caroline Henrie and Kristin Wall on 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

Photo of Caroline HenriePhoto of Kristin WallBy Caroline Henrie and Kristin Wall on 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

Photo of Caroline HenriePhoto of Brian R. DaleyBy Caroline Henrie and Brian R. Daley on 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

Photo of Caroline HenriePhoto of Christopher A. GuerreiroPhoto of Kristin WallBy Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on 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

Photo of Caroline HenriePhoto of Kristin WallBy Caroline Henrie and Kristin Wall on 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

Photo of Caroline HenrieBy Caroline Henrie on 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

Photo of Caroline HenriePhoto of Christopher A. GuerreiroPhoto of Kristin WallBy Caroline Henrie, Christopher A. Guerreiro and Kristin Wall on 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

Photo of Caroline HenriePhoto of Christopher A. GuerreiroBy Caroline Henrie and Christopher A. Guerreiro on 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)

Photo of Caroline HenriePhoto of David YiBy Caroline Henrie and David Yi on 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
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