Counterfeit Drugs

Over 80 million dollars' worth of counterfeit pharmaceuticals were seized over a three-day period last July in several African ports at the close of an international customs operation. A significant portion of those drugs simply did not contain any active ingredients. Counterfeit pharmaceuticals have taken on industrial proportions. Counterfeiters will even go so far as to imitate the holograms that appear on drug packaging. These imitations, which often wind up in the official pharmaceutical network, pose a major threat to a vulnerable population and cost the pharmaceutical industry a tremendous amount of money.

Reform of the U.S. Patent System

The U.S. America Invents Act celebrated its anniversary on September 16, 2012 and many important provisions affecting the U.S. patent system went into effect that day. Additional substantial changes will come into effect in March 2013.

Reduction of PCT Fees

A new Patent Cooperation Treaty (PCT) schedule of fees is applicable for PCT applications filed at the Canadian receiving office on or after September 1st, 2012. The new schedule comprises a slight diminution (about 5%) of the International Filing Fee and of the Handling fee.

The RAMQ's investigative powers are subject to privacy and professional secrecy rights

The investigative powers conferred on the Régie de l'assurance-maladie du Québec, to control fee claims made by health professionals participating in the health insurance plan does not include the right to obtain patients' medical records from the professionals involved. Indeed, the provisions of the Health Insurance Act do not permit a breach of the patients' right to privacy nor of their right to professional secrecy.

Administrative sanctions imposed to doctors practising in hospitals must comply with an Act respecting Health Services and Social Services

Regulations relating to the use of the operating room in an hospital are rules governing the use of medical and material resources and therefore should be adopted by its board of directors on recommendation of the establishment's council of physicians, dentists and pharmacists. Otherwise, the administrative sanctions imposed under these regulations may be declared void.

Draft Guidance Document: The Use of Foreign Reviews by Health Canada and revisions to the Use of Foreign Reviews pilot project

Health Canada recently released a draft Guidance document that is intended to inform market authorization holders on how Health Canada uses foreign reviews, and how they can help facilitate this use.

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