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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”…

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 finds Minister of Health’s refusal to grant CSP based on the “Timely Submission Requirement” unreasonable

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By Pharma in Brief team & Kristin Wall on October 20, 2021

SUMMARY

The Federal Court has granted Merck Canada Inc.’s (Merck) application for judicial review of a decision of the Minister of Health (Minister) denying a Certificate of Supplementary Protection (CSP) for Canadian Patent No.…

Federal Court issues first decision on patent term restoration – Minister’s decision denying certificate of supplementary protection (CSP) is unreasonable

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By Kristin Wall, David Yi & Pharma in Brief team on April 8, 2020

On April 7, 2020, the Federal Court issued a decision in Canada’s first judicial review under the Patent Act and new Certificate of Supplementary Protection Regulations (CSP Regulations). It is the first decision issued under this regime, and…

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