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Health Canada releases updated Certificate of Supplementary Protection guidance

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By Sarah Pennington, Paul Jorgensen & Kristin Wall on May 29, 2023

On May 12, 2023, Health Canada announced the release of an updated version of the Guidance Document: Certificates of Supplementary Protection (CSP Guidance).  The CSP Guidance was revised to reflect amendments to the definition of “authorization for sale”…

PMPRB Update: Federal Standing Committee on Health begins review of the Board

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By Kristin Wall & Christopher A. Guerreiro on May 2, 2023

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

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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…

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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…

Canada announces its first-ever national strategy for drugs for rare diseases

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By Sarah Pennington, Paul Jorgensen & Kristin Wall on March 27, 2023

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

…

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…

Health Canada consulting on wide-ranging regulatory amendments for drugs and medical devices

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By Kristin Wall, Paul Jorgensen & John Greiss on January 19, 2023

Health Canada has launched a consultation on proposed amendments to the Food and Drug Regulations and Medical Devices Regulations (the Regulatory Amendments). Consultation on the Regulatory Amendments, which have been published in the Canada Gazette, Part 1, is…

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