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  • Article

    PMPRB Update: New Regulations Now Coming Into Force July 1, 2022

    The provisions relating to confidential third-party rebates will not come into force at the same time as the other provisions.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Proposed Class Action Alleges Generic Manufacturers Conspired To Price-fix And Allocate Generic Market

    On June 3, 2020, a proposed class action was commenced against over 50 generic drug manufacturers.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Canadian Patent Office Resumes Granting Of Patents And Is Temporarily Publishing List Of Pre-Grant Patents

    The Canadian Patent Office (CIPO) has advised that as of January 14, 2025, it had granted patents for which final fees were processed in the old system.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Court Of Appeal Permits Janssen To Amend Its Plea, Dissolves STELARA Injunction And Orders New Trial

    The Federal Court of Appeal ("FCA") has ordered a new trial in the STELARA litigation. As reported in the January 20, 2014 issue of IP Update — Canada, earlier this year Justice Hughes of the Federal Court concluded that Janssen Inc (Janssen)'s antibody drug STELARA (ustekinumab) ..
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Refuses To Grant Stay Of Federal Court Decision Remanding Health Canada's Refusal Of SHINGRIX CSP

    The Federal Court of Appeal recently dismissed a motion brought by the Minister of Health (the Minister) for stay of a judgment of the Federal Court...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Le Brevet Unitaire Européen est arrivé !

    C'est aujourd'hui même que le gouvernement de l'Allemagne a ratifié l'Entente sur la Juridiction Unifiée du Brevet (EJUB), permettant ainsi la mise en branle de plusieurs changements...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Letters Of Consent In Canadian Trade-Mark Practice

    In many countries, during trade-mark prosecution, a letter of consent can be filed to overcome a citation of another mark.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Medicines Patent Pool Gets Big Wins In Accessing Breakthrough COVID-19 Drugs For The Third World

    We have previously written about the benefits of licensing as a way to get the drug remdesivir quickly deployed during the COVID-19 pandemic.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    New "Highway" Opens Between Canada And Europe

    The Canadian Intellectual Property Office and the European Patent Office have started their Patent Prosecution Highway pilot program.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Smart & Biggar Prevails In Another Precedent Setting Anti-Counterfeiting Decision

    In Adobe Systems Incorporated, Microsoft Corporation and Rosetta Stone Ltd. v. Dale Thompson, the Federal Court recently took another significant step in addressing the problem of sale of pirated software in Canada.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Tribunal Decides In Favour Of Canada In NAFTA Arbitration Suit

    Eli Lilly and Company sued the government as a result of the invalidation, by Canadian courts, of the patents that protected Lilly's drugs Strattera® and Zyprexa®.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Marketing "Unhealthy Food" To Children: Legislators Move On An Initiative That Industry Voluntarily Put In Place In 2007

    Health Canada is proposing to restrict the marketing of food containing certain levels of saturated fat, sugars or sodium ("unhealthy" food) to children under the age of 18.
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    CDA Opens Consultation On Proposed List Of Drugs To Inform Development Of National Formulary

    On June 19, 2025, Canada's Drug Agency (CDA) opened a public consultation on a proposed process for preparing a list of essential prescription drugs and related products.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    CDA Update: New Five-Year Strategic Plan And Position Statement On Using AI In Health Technology Assessments

    On April 15, 2025, Canada's Drug Agency (CDA) released its new five-year strategic plan, Insight to Impact 2025-2030. Formerly the Canadian Agency for Drugs and Technologies in Health (CADTH), this is the CDA's first strategic plan.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    New PMPRB Chairperson And PMPRB Releases January 2026 NEWSletter

    On January 29, 2026, the Minister of Health announced Anie Perrault, former Vice-Chairperson, as Chairperson of the Patented Medicine Prices Review Board (PMPRB) until August 9, 2028.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Canadian Patent Office Launches New Portal And New Database, Causing Prosecution Delays And Intermittent Access

    On July 17, the Canadian Patent Office launched MyCIPO Patents. The highly anticipated new database and filing system allows for immediate application number confirmation when filing online...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Confirms Generic Not Required To Address Patent Submitted Before ANDS Filing But Listed After

    On August 8, 2025, the Federal Court of Appeal (FCA) determined that the Minister of Health's decision to list Canadian Patent No. 2,970,315 on the Patent Register eight days...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Podcast

    From Idea To Intellectual Property – IP As A Cultural Shield? Protecting Traditional Knowledge And Expression (Podcast)

    Traditional cultural expressions and knowledge are invaluable assets to Indigenous communities, yet they often do not align with the protections offered by Western IP systems.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Reserves Decision On Appeal Relating To The Patentability Of Methods Of Medical Treatment

    Over ten years have passed since the Federal Court of Appeal (FCA) flagged the patentability of methods of medical treatment as being worthy of full consideration by the Supreme Court of Canada. This issue has finally come before the Court.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Class Actions Relating To Opioid Use Disorder Continue Across Canada

    There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages...
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar

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