Earlier today, Canada and the European Union (EU) announced an
agreement in principle on a Comprehensive Economic and Trade
Agreement (CETA). While the final text of the agreement has
not been made public, it appears that CETA will enhance
intellectual property protection.
The Government of Canada acknowledged that this is
important for Canada's increasing knowledge-based economy and
will help foster innovation as well as stimulate job creation and
Of particular importance to the life sciences industry are the
Patent Term Restoration - Patent Term
Restoration will offer innovative pharmaceutical companies the
potential to restore up to two years of patent protection lost due
to delays arising from regulatory and government approval
Right of Appeal - Innovative pharmaceutical
companies will finally be able to appeal decisions made under the
Patented Medicines (Notice of Compliance)
Regulations. Prior to CETA, generic patent challengers
were permitted to appeal decisions from the Federal Court. In
stark contrast, innovators were precluded from bringing an appeal
if the generic challenger obtained marketing approval. CETA
corrects this inequity.
Once a final text has been agreed to it will go through a
"legal scrub", be translated into 28 languages and then
ratified by Canada and the EU. The ratification process could take
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