Canadian pharmaceutical patent owners can expect two substantive changes in the next year following implementation of the Canada — European Union Comprehensive Economic and Trade Agreement («CETA»):
Not exact matches
The implications for digital and intellectual property issues are particularly important, with chapters on e-commerce and telecommunications services, an extension of
patent protections for
pharmaceutical drugs could raise health care costs by millions of dollars, and protections for hundreds of geographical indications may restrict
Canadian producers of common cheeses, wines, and meats.
In the last decade, Toronto companies held 61 % of U.S.
patents granted to
Canadian biotech firms, with the companies Aventis Pasteur, NPS Allelix
Pharmaceuticals, Hemosol, Visible Genetics, and Spectral Diagnostics ranking in Canada's top five.
Crist has criticized
Canadian «promise» case law for invalidating
pharmaceutical patents for lack of utility despite the fact that the medicines at issue were commercially successful.
Currently, Canada is the only country that allows brand name
pharmaceutical companies to sue generic
pharmaceutical companies multiple times on the same
patents, adding to the costs and risks of bringing generic drug competition to the
Canadian market.
An American
pharmaceutical corporation is suing
Canadian taxpayers for $ 500 million because we rejected their
patents.
However, most of these aspects are already enshrined in
Canadian law, while others, such as
patent term extensions for
pharmaceuticals, are part of the recent Canada - European Union Comprehensive Economic and Trade Agreement, which is awaiting ratification by the
Canadian and European governments.
Update 4:35 p.m.: In a ruling today, Federal Court Justice Russel Zinn held in Apotex Inc. v. Pfizer Ireland
Pharmaceuticals that the Federal Court had jurisdiction to consider Apotex's impeachment action and motion for summary judgment and declared Pfizer's
patent on Viagra, Canadian Patent No. 2,163,466 in
patent on Viagra,
Canadian Patent No. 2,163,466 in
Patent No. 2,163,466 invalid.
The changing nature of
Canadian patents is stirring debate and conversation — in particular, for
pharmaceutical companies.
In particular, Eli Lilly claimed that the development of the «promise doctrine» in
Canadian patent law led to the invalidation of
patents protecting its drugs atomoxetine (Strattera ®) and olanzapine (Zyprexa ®) by
Canadian courts, and that this doctrine was radically new, arbitrary, and discriminatory against
pharmaceutical companies.
With the implementation of the CETA, as of September 21, 2017,
Canadian law now provides for certificates of supplementary protection that extend the term of certain
pharmaceutical patents for up to two years.
In a statement, The Council of
Canadians points out the EU language was adopted on resolution of
pharmaceutical patent disputes.