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ARTICLE · 16 NOVEMBER 2016

CETA Implementation In Canada: Bill C-30 Brings Significant Changes To The Canadian Patent System

McCarthy Tétrault
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Changes are coming swiftly, as the federal government moves to implement the Comprehensive Economic and Trade Agreement...

CanadaIntellectual Property
SnIP/ITs Blog
SnIP/ITs Blog
David Tait
David Tait
Steven Tanner
Steven Tanner
Fiona Legere
Fiona Legere
Christopher Thompson
Christopher Thompson
Steve Mason
Steve Mason
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Changes are coming swiftly, as the federal government moves to implement the Comprehensive Economic and Trade Agreement ("CETA") just days after it was signed by Prime Minister Trudeau in Brussels at the end of October 2016.

These changes will significantly impact biologic/pharma patents in two major ways. First, they will implement, for the first time, a Canadianized version of patent-term restoration. Second, they will revamp the current framework for linkage between patents and the approval of biosimilar/generic drugs in Canada by giving innovators the right of appeal, by changing the nature of the PM(NOC) proceedings to a more U.S.-style approach, and by providing for finality in such litigation.

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