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What is a natural health product? Health Canada’s findings upheld by Federal Courts

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By Kristin Wall & Paul Jorgensen on November 20, 2023

In recent months, the Federal Courts have twice upheld Health Canada’s findings as to what is, and is not, a natural health product. The Courts’ decisions provide insight into how natural health products are distinguished, under federal law, from cosmetics…

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Drug pricing: PMPRB releases scoping paper to consult on new Guidelines

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By Kristin Wall & Christopher A. Guerreiro on November 12, 2023

The Patented Medicine Prices Review Board (PMPRB) has released a scoping paper on themes and questions to develop new price review Guidelines. The scoping paper also includes information on how stakeholders can participate in the consultation.

The deadline…

Ontario proposes removing barrier to listing “well-established drugs” on its public formulary

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By Julia Won, Paul Jorgensen & Kristin Wall on November 5, 2023

On October 19, 2023, the Ontario government proposed regulatory amendments that may eliminate the need to submit certain clinical studies and evidence when requesting that a “well-established drug” be (i) listed or (ii) designated as interchangeable on Ontario’s publicly-funded formulary. …

Drug pricing: PMPRB announces framework for new guidelines consultation

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By Kristin Wall & Christopher A. Guerreiro on October 26, 2023

The Patented Medicine Prices Review Board (PMPRB) has announced a framework for the launch of its consultation on new guidelines, beginning with a scoping paper to be published in advance of Policy Roundtable sessions to be held December…

Drug reimbursement: CADTH publishes procedures on time-limited reimbursement

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By Sarah Pennington, Kristin Wall & Christopher A. Guerreiro on October 24, 2023

Canada’s Drug and Health Technology Agency (CADTH) has published its procedures for a new time-limited reimbursement recommendation category. This recommendation category is intended to help provide earlier access to new therapies for severe, rare, or debilitating conditions where…

Federal Court: Transferring drug submission does not require re-serving Notice of Allegation

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By Kristin Wall, Paul Jorgensen & Pardeep Heir on October 22, 2023

The Federal Court has upheld a decision of the Minister of Health (Minister) that the new owner of a biosimilar new drug submission (NDS) could adopt the notice of allegation (NOA) served by its…

Drug pricing: PMPRB finalizes Interim Guidance amendments

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By Kristin Wall & Christopher A. Guerreiro on September 28, 2023

The Patented Medicine Prices Review Board (PMPRB) has amended its Interim Guidance to address prices of “New Medicines”, implementing a review threshold based on “below the median” of the PMPRB11 countries (Median International Price, MIP). “New Medicines”…

Guidance on inventor discovery and “invention story” evidence in Canadian patent actions: Federal Court rules in favour of patentee

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By Kristin Wall, Paul Jorgensen & Pardeep Heir on September 19, 2023

In three recent decisions, released in July and August, the Federal Court addressed questions concerning inventors and the “invention story” during Canadian patent litigation. The Court found that: (i) a patentee has no duty to facilitate inventor discovery; (ii) patentee’s…

Federal Court finds that Health Canada breached procedural fairness by relying on an undisclosed internal guidance document

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By Kristin Wall, Paul Jorgensen & John Greiss on September 5, 2023

On August 8, 2023, the Federal Court overturned Health Canada’s decision that a cannabis product, Edison Jolts, was to be classified as edible cannabis and not cannabis extract.   The Court found that Health Canada had breached the duty of procedural…

Canada increases patent office fees for 2024

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By Stephen Lam, Christian Cawthorn & Anna Wilkinson on August 8, 2023

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…

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