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Intellectual property

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Bill C-47 introduces patent term adjustment: Proposed term to run concurrently with term of Certificate of Supplementary Protection

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By Paul Jorgensen, Anna Wilkinson & Kristin Wall on May 1, 2023

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

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By Kristin Wall & Paul Jorgensen on April 27, 2023

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

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By Kristin Wall, Christopher A. Guerreiro & Pharma in Brief team on April 21, 2023

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…

Federal Court launches IP Chamber pilot project

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By Kristin Wall & Christopher A. Guerreiro on March 6, 2023

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…

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Higher costs awards coming to the Federal Court, including for pharma regulatory and IP disputes

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By Kristin Wall, Paul Jorgensen & Chelsea Nimmo on February 26, 2023

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

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By Kristin Wall & Christopher A. Guerreiro on February 8, 2023

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

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By Kristin Wall, Christopher A. Guerreiro, Paul Jorgensen & William Chalmers on January 25, 2023

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…

Federal Court of Appeal overturns judicial review decision in data protection dispute

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By Kristin Wall, Christopher A. Guerreiro & William Chalmers on January 12, 2023

The Federal Court of Appeal (FCA) has overturned a decision of the Federal Court (FC) that found the Minister of Health’s (Minister) analysis of the data protection provisions of the Food and Drug Regulations…

Federal Court of Appeal issues decision in industry challenge to the PMPRB Patented Medicines Regulations

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By Kristin Wall, Christopher A. Guerreiro, Rowan Weaver & Orestes Pasparakis on December 8, 2022

On December 5, 2022, the Federal Court of Appeal (FCA) upheld the validity of changes to the list of countries used for international reference pricing by the Patented Medicine Prices Review Board (PMPRB). This new schedule…

PMPRB issues excessive price order on rare disease drug

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By Kristin Wall & Christopher A. Guerreiro on October 5, 2022

The Patented Medicine Prices Review Board (PMPRB) has issued a decision that Procysbi (cysteamine bitartrate) is being sold at an “excessive” price. The PMPRB ordered the manufacturer, Horizon Pharma PLC (Horizon), to reduce its price and…

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