Welcome To Canada! 8 Important Life Sciences IP Issues For Innovators Doing Business In Canada

Spanning 5525 miles, the United States-Canada border is the longest border between any two countries. U.S. goods and services trade with Canada totaled an estimated $718.5 billion in 2018, possibly the largest bilateral trade volume between two individual countries. Given the extensive integration of the Canadian and U.S. economies, U.S. life sciences companies can expect to have Canadian business interests. This blog highlights eight life sciences intellectual property issues of importance to innovators doing business in Canada.

1. The Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) establish a patent linkage system similar in some respects to the United States' system under the Hatch-Waxman Act. Pursuant to the PMNOC Regulations, the Minister of Health maintains a "Patent Register" similar to the U.S. Orange Book. The Minister is prohibited from granting regulatory approval to a manufacturer of a small molecule or biologic drug seeking