Innovative Medicines Canada and numerous research-based pharmaceutical companies recently commenced an application for judicial review of the final Patented Medicine Prices Review Board Guidelines. The guidelines aim to operationalise amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021.
The Patented Medicine Prices Review Board recently published the final version of its guidelines which operationalise the amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021. This article provides a brief summary of the final framework for the price review process and highlights changes relative to the June 2020 draft guidelines.
Justice Manson of the Federal Court recently ordered the minister of health to issue a notice of compliance to Fresenius Kabi for IDACIO (adalimumab), a biosimilar of AbbVie's HUMIRA. The minister of health had completed its review of Fresenius Kabi's new drug submission for IDACIO; the only outstanding issue was whether Fresenius Kabi had addressed the patents listed on the Patent Register in respect of HUMIRA.
The Canadian Agency for Drugs and Technologies in Health (CADTH) recently announced the launch of new Procedures for CADTH Drug Reimbursement Reviews, which harmonise procedures under the CADTH's drug reimbursement review pathways. This article outlines the procedure's main highlights.
The minister of health recently approved the Interim Order Respecting the Prevention and Alleviation of Shortages of Drugs in Relation to COVID-19, which introduces new tools to address drug shortages, or the risk of drug shortages, that may be caused or exacerbated by the COVID-19 pandemic. This article examines some of the interim order's main features.
In a recent case, the Federal Court granted summary judgment in favour of the plaintiff in respect of its patent impeachment action. This decision further demonstrates the Federal Court's recent willingness to grant summary judgment in patent cases in appropriate circumstances. Accordingly, it appears that in certain cases, summary judgment may be a viable option to resolve patent disputes more expeditiously while avoiding the costs of a full patent trial.
Cloud computing has increasingly become a dominant model for computer and IT service, with the majority of businesses worldwide using computing resources and storing data in the Cloud. However, despite the ease of use and convenience of cloud computing, moving data and services into the Cloud raises several legal issues for both cloud computing providers and users. This article highlights some of the issues and questions relating to IP rights raised by cloud computing.
On 14 December 2020, for the first time in more than a decade, the Trademarks Office announced that it will grant requests for the expedited examination of trademark applications. However, expedited examination will be limited to applications where the goods or services are for the prevention or treatment of COVID-19. This is a notable change in practice, since there is currently a significant backlog facing trademark applications in Canada, with delays in examination of approximately two years from filing.
The Canadian Intellectual Property Office (CIPO) recently released new guidelines on patentable subject matter and a set of examples applying these new guidelines. This video summarises the main changes introduced and examines how CIPO will deem computer-implemented inventions to be patentable under the new guidelines. It also offers advice to applicants of computer-implemented inventions to increase their chances of overcoming patentable subject matter objections in Canada.
Until 2019 most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside Canada. They had to file separate applications in each country of interest, except in the few areas where a regional application was available (eg, the European Union). Now there is a new option available to Canadian brands and businesses looking to expand and protect their trademarks beyond Canada's borders: international registration.