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ARTICLE · 22 OCTOBER 2013

Canadian Patent Term Extension Is Coming

Canada and Europe announced an agreement in principle on a Comprehensive Economic and Trade Agreement ("CETA") that will potentially increase Canadian drug patent terms by up to 2 years.

CanadaIntellectual Property

Canada-Europe Free Trade Deal Gives Brand Name Pharmaceutical Companies a Shot in the Arm

Canada and Europe announced an agreement in principle on a Comprehensive Economic and Trade Agreement ("CETA") that will potentially increase Canadian drug patent terms by up to 2 years.

CETA was the product of several years of negotiations. It is a wide-ranging trade agreement covering diverse topics such as foreign ownership and investments, access to public procurement contracts, automobiles, food (eg. beef and dairy products) and agriculture. Pharmaceuticals were also a prominent part of the discussion. The agreement was negotiated in secret. Europe was reportedly pressuring Canada to strengthen exclusivities for brand name drugs. Leaked drafts of the agreement showed that the main pharmaceutical intellectual property issues on the table were: i) providing patent term extension, ii) longer period of data exclusivity protection for brand name drugs to keep generics off the

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