In the first appellate decision relating to Certificates of Supplementary Protection (CSPs), the Federal Court of Appeal has allowed the appeal of the Minister of Health (the Minister), setting aside the lower court...more
4/29/2021
/ Appeals ,
Canada ,
Certificates of Supplementary Protection (CSPs) ,
CETA ,
Health Canada ,
Minister of Health ,
Patent Act ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standard of Review
UPDATE: On January 13, 2021, the Minister of Health refused the application on reconsideration. Viiv sought but later discontinued a second application for judicial review (T-258-21).
In a decision dated July 10, 2020,...more
The first decision considering the scope and meaning of the provisions in the Patent Act relating to Certificates of Supplementary Protection (CSPs) has now been released. Justice Barnes of the Federal Court in...more
5/14/2020
/ Canada ,
Certificates of Supplementary Protection (CSPs) ,
CETA ,
EU ,
GlaxoSmithKline ,
Health Canada ,
Patent Act ,
Patent Litigation ,
Patented Medicines ,
Patents ,
Vaccinations
September 21, 2019 marked the second anniversary of the certificate of supplementary protection (CSP) regime in Canada. CSPs provide an additional term of patent-like protection of up to two years. In our first anniversary...more
Certificate of Supplementary Protection Regime: First Anniversary Update -
September 21, 2018 marked the first anniversary of the certificate of supplementary protection (CSP) regime. CSPs, which provide an additional...more
10/4/2018
/ Canada ,
Certificates of Supplementary Protection (CSPs) ,
Customer-Loyalty Programs ,
FDA Approval ,
Imports ,
Interim Rule ,
Leave to Appeal ,
Medical Devices ,
Patented Medicine Prices Review Board (PMPRB) ,
Pharmacist ,
PMNOC Regulations ,
Prescription Drugs ,
Prohibition Applications ,
Supreme Court of Canada
September 21, 2018 marked the first anniversary of the certificate of supplementary protection (CSP) regime. CSPs, which provide an additional patent-like protection term, are intended to partly compensate innovators for the...more
10/2/2018
/ Canada ,
Certificates of Supplementary Protection (CSPs) ,
CETA ,
Data Protection ,
Drug Approvals ,
Health Canada ,
Innovation ,
Medical Research ,
Notice of Compliance ,
Patent Expiration ,
Patents ,
Pharmaceutical Patents ,
Research and Development
On September 7, 2017, the Government of Canada published final pharmaceutical regulations flowing from CETA. According to an Order in Council, the new regulations will be in force on September 21, 2017....more