Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients.
Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights.
As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Following pre-publication on July 15, and flowing from its commitments under CETA, the Certificates of Supplementary Protection Regulations and the Regulations Amending the Patented Medicines...
Following
pre-publication on July 15, and flowing from its commitments
under the Comprehensive Economic and Trade Agreement (CETA), the
Certificates of Supplementary Protection Regulations and the
Regulations Amending the Patented Medicines (Notice of Compliance)
(PMNOC) Regulations
came into force on September 21, together with corresponding
amendments to the Patent Act. We prepared a chart comparing the new litigation scheme to
the US Hatch-Waxman scheme. We also
reported on Health Canada's guidance document regarding
CSPs and notice under the amended PMNOC Regulations and
the Federal Court's practice notice regarding actions under the
amended PMNOC Regulations. By year-end, four actions (all
relating to trastuzumab) had been commenced under
the amended PMNOC Regulations and four CSP applications had been filed.
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
directly.