September 21, 2018 marked the first anniversary of the
certificate of supplementary protection (CSP) regime. CSPs, which
provide an additional patent-like protection term, are intended to
partly compensate innovators for the time invested in research and
obtaining regulatory approval in Canada, followed from Canada's
commitments under CETA (the Canada-European Union Comprehensive Economic and Trade Agreement,
see our earlier article here). As we look back on the previous year,
we will recap how the regime works and provide an update on CSPs
granted and rejected to date.
What is a CSP?
A CSP grants the holder (which can notably be a company other
than the market authorization holder/related company) and their
legal representatives the same rights granted by the patent set out
in the CSP, but only with respect to the making, constructing,
using and selling of any drug that contains the medicinal
ingredient, or combination of medicinal ingredients, set out in the
CSP,
