In view of COVID-19, we have compiled a list of important updates as it relates to the pandemic and its impact on Life Sciences. We will continue to update this page as new updates come in.

This list was last updated on April 16, 2020:

  • Patent, trademark and industrial design deadlines that fall due between March 16 - April 30 are extended until May 1 (see here and FAQs regarding the initial extension);
  • the Patent Act was amended on March 25 to expand the powers of the Commissioner of Patents to authorize use of patented inventions in specified circumstances to respond to public health emergencies (see our article here);
  • the Federal Court of Canada (see March 17 Practice Direction and Order, FAQs, superseded by April 4 Updated Practice Direction and Order) and the Federal Court of Appeal (see March 16, March 19, and April 2 notices) have adjourned most hearings and suspended many deadlines until April 17, extended to May 15.  The Federal Court of Appeal in its April 15 notice provides procedures for cases that are selected to progress, for example, relating to hearings by teleconference or videconference.
  • Deadlines affecting intellectual property matters governed by statutes and regulations (other than the Federal Courts Act and the Federal Courts Rules), including statutory stays under the Patented Medicines (Notice of Compliance) Regulations, have not been extended by the Federal Court/Federal Court of Appeal's notices/Orders; 
  • the status of court suspensions across Canada is available here (message from the Chief Justice of Canada);
  • the Food and Drugs Act was amended on March 25 to provide regulation-making power: (i) requiring the provision of information to the Minister of Health and (ii) considered necessary "for the purpose of preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health" (see our article here);
  • Health Canada has taken a number of steps to facilitate availability of COVID-19 health products, to publish information relating to COVID-19 clinical trial applications, approvals and shortages, and to provide guidance on the conduct of ongoing clinical trials in light of COVID-19  (see our articles here and here);
  • There have been a number of pharmacy developments including broadening the scope of pharmacists' practice in view of COVID-19 (see our article here); and
  • Reimbursement-related developments include interim funding measures by Cancer Care Ontario, guidance by the Ontario Ministry of Health recommending a maximum 30-day supply of medication, as well as amendments in Ontario to better align calculation of brand reference price with the rest of Canada (see our article here).

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.