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.
On December 10, 2019, the parties to the Canada-United States-Mexico Agreement (commonly referred to as USMCA, or the new NAFTA) signed amendments to the Agreement.
On December 10, 2019, the parties to the Canada-United
States-Mexico Agreement (commonly referred to as USMCA, or the new
NAFTA) signed amendments (see summary of revised outcomes) to the Agreement.
The original USMCA was signed November 30, 2018; for details, see
our previous article here. Only Mexico had thus far ratified the
original USMCA. Regarding pharmaceuticals, the original USMCA
required a data protection term (market exclusivity) for biologics
of at least ten years from the date of first marketing approval.
The recent amendments removed this provision, such that Canada can
maintain its current data protection laws which provide an
eight-year data protection term, with a possible six-month
paediatric extension, for all pharmaceutical products, including
biologics.
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.