News & Analysis as of

CETA

Rx IP Update - October 2017

by Smart & Biggar on

Pfizer obtains orders of prohibition on polymorphic form patent - On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance) Regulations...more

Canada Institutes Certificates of Supplementary Protection for Approved Drug Products

On September 21, 2017, the Comprehensive Economic and Trade Agreement (CETA) signed between the European Union (EU) and Canada provisionally entered into force in Canada.  Among other things, this agreement seeks to harmonize...more

A closer look at round three of the NAFTA negotiations

by Dentons on

Round three of the NAFTA negotiations concluded in Ottawa on September 27, 2017. Before this round, the hope was that meaningful progress would be made on some of the more contentious issues. While some modest progress on...more

CETA: A New Opportunity, and Challenge, for Canadian Companies

by Dickinson Wright on

Canadian exporters should have 500 million new consumers on their radar. The Canada – European Union Comprehensive Economic and Trade Agreement (“CETA”) has come into effect provisionally, immediately eliminating 98% of...more

EU-Canada Free Trade Agreement (CETA)

by Kelley Drye & Warren LLP on

The Comprehensive Economic and Trade Agreement (“CETA”), the much anticipated free trade agreement between the European Union and Canada went into effect on September 21st. CETA is a terrific opportunity for global companies...more

CETA Means New Business Opportunities, Starting This Week

by Bennett Jones LLP on

Good news for Canadian business amidst the uncertainty posed by the ongoing NAFTA renegotiations: the key elements of the Canada-EU Comprehensive Economic and Trade Agreement, better known as the CETA, take effect this week,...more

CETA Now In Force: Are You Maximizing the Benefits?

On September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) comes into force on a provisional basis. If they haven’t already done so, it is now time for Canadian businesses to take steps...more

A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement

CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states. CETA comprises 30 chapters of rules respecting trade between Canada and the EU. The agreement was signed...more

Publication of Final Regulations on Patent Linkage and Term Restoration

by Smart & Biggar on

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

Proposed amendments to the Canadian Patent Rules published for public consultation

by Smart & Biggar on

The Government of Canada has opened a public consultation on proposed amendments to the Canadian Patent Rules, running from August 1 to September 8, 2017. The changes relate principally to pending amendments to the Patent...more

Rx IP Update - July 2017

by Smart & Biggar on

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation

by Bennett Jones LLP on

The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines (Notice of...more

CETA Draft Regulations Published on Patent Linkage and Term Restoration – 15 Day Public Comment Period

by Smart & Biggar on

The government has published the long anticipated draft regulations regarding: - changes to the Patented Medicines (Notice of Compliance) Regulations [“PMNOC Regulations”], and - proposed Regulations to implement...more

Canada’s Procurement System Gets a Boost: CFTA Now in Effect, CETA on Its Heels

On July 1, 2017, the widely anticipated update to Canada’s domestic trade agreement, the Canadian Free Trade Agreement (CFTA), came into force. The CFTA is an agreement among the Canadian provinces, territories and the...more

Boeing, Bombardier, and the Government of Canada Engage in Escalating Dispute Over Alleged Dumping and Future Purchases of Fighter...

by Lane Powell PC on

Trade disputes between the U.S. and Canada over softwood lumber and dairy concentrates have made headlines, as relations between these trading partners have grown increasingly contentious. The newest front in those disputes...more

Brussels Regulatory Brief: June

by K&L Gates LLP on

On May 15, 2017, the European Commission (“Commission”) announced it had opened a formal investigation into a global pharmaceutical company for possible abuse of dominant position. The alleged conduct of the company,...more

Denmark is the second EU member-state to ratify CETA

by DLA Piper on

1 June 2017 the Danish Parliament ratified the Free Trade Agreement between EU and Canada, the Comprehensive Economic and Trade Agreement (CETA). The agreement is expected to have major implications for Denmark and Danish...more

Rx IP Update - May 2017

by Smart & Biggar on

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazodone drug submission - On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that...more

ECJ Decision Looms Large on the Future of Trade Agreements and Investor-State Arbitration with the EU

by Dechert LLP on

The Court of Justice of the European Union decided last week that free trade agreements concluded with the EU must receive prior approval by each Member State if they provide for investor-State arbitration. The ruling, given...more

NAFTA Renegotiation Goes Live

USTR Lighthizer last week delivered the Administration’s official 90-day notice to Congress that it will renegotiate NAFTA. The notice says that the process will be carried out “consistent with Congressional priorities...more

CJEU Opinion on EU-Singapore FTA May Impact Approach to Future Trade Agreements

by McGuireWoods LLP on

On 16 May 2017, the Court of Justice of the European Union (CJEU) issued the long-awaited landmark Opinion 2/15 on the EU-Singapore Free Trade Agreement (FTA). According to the CJEU, the EU-Singapore FTA falls under the EU’s...more

Efficiency and planning - Federal Court issues Trial Management Practice Notice

by DLA Piper on

The Canadian Federal Court has provided new guidelines for efficient trial management of all trials over five days in length. These guidelines are directed to improving the efficiency of trials in the Federal Court...more

European Court of Justice’s New Opinion will Impact Conclusion of Future EU Trade Deals

by Kelley Drye & Warren LLP on

In long-awaited Opinion 2/15 delivered on 16 May 2017, the Court of Justice of the European Union, sitting as a Full Court, held that the Free Trade Agreement between the European Union (EU) and the Republic of Singapore...more

EU Customs Developments: January-March 2017

by White & Case LLP on

Welcome to the January-March 2017 issue of the White & Case Newsletter on Customs Developments in the EU. In this issue: - EU Customs Policy ..EP resolution on tackling UCC challenges -Tariffs and FTA...more

Bill C-30 passed Senate yesterday to usher in changes to Canadian pharma patent regulations

by Smart & Biggar on

Bill C-30 was passed by the Senate yesterday, May 11, 2017 without amendment. Bill C-30 is the bill that will implement the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). As reported here, this...more

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