ArticlePMPRB Update: New Regulations Now Coming Into Force July 1, 2022The provisions relating to confidential third-party rebates will not come into force at the same time as the other provisions. CanadaFood, Drugs, Healthcare, Life SciencesSmart & Biggar
ArticleProposed Class Action Alleges Generic Manufacturers Conspired To Price-fix And Allocate Generic MarketOn June 3, 2020, a proposed class action was commenced against over 50 generic drug manufacturers.CanadaFood, Drugs, Healthcare, Life SciencesSmart & Biggar
ArticleCanadian Patent Office Resumes Granting Of Patents And Is Temporarily Publishing List Of Pre-Grant PatentsThe 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 PropertySmart & Biggar
ArticleCourt Of Appeal Permits Janssen To Amend Its Plea, Dissolves STELARA Injunction And Orders New TrialThe 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 PropertySmart & Biggar
ArticleFederal Court Of Appeal Refuses To Grant Stay Of Federal Court Decision Remanding Health Canada's Refusal Of SHINGRIX CSPThe 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 PropertySmart & Biggar
ArticleLe 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 PropertySmart & Biggar
ArticleLetters Of Consent In Canadian Trade-Mark PracticeIn many countries, during trade-mark prosecution, a letter of consent can be filed to overcome a citation of another mark. CanadaIntellectual PropertySmart & Biggar
ArticleMedicines Patent Pool Gets Big Wins In Accessing Breakthrough COVID-19 Drugs For The Third WorldWe have previously written about the benefits of licensing as a way to get the drug remdesivir quickly deployed during the COVID-19 pandemic.CanadaIntellectual PropertySmart & Biggar
ArticleNew "Highway" Opens Between Canada And EuropeThe Canadian Intellectual Property Office and the European Patent Office have started their Patent Prosecution Highway pilot program.CanadaIntellectual PropertySmart & Biggar
ArticleSmart & Biggar Prevails In Another Precedent Setting Anti-Counterfeiting DecisionIn 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 PropertySmart & Biggar
ArticleTribunal Decides In Favour Of Canada In NAFTA Arbitration SuitEli 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 PropertySmart & Biggar
ArticleMarketing "Unhealthy Food" To Children: Legislators Move On An Initiative That Industry Voluntarily Put In Place In 2007Health 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, EntertainmentSmart & Biggar
ArticleCDA Opens Consultation On Proposed List Of Drugs To Inform Development Of National FormularyOn 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 SciencesSmart & Biggar
ArticleCDA Update: New Five-Year Strategic Plan And Position Statement On Using AI In Health Technology AssessmentsOn 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 SciencesSmart & Biggar
ArticleNew PMPRB Chairperson And PMPRB Releases January 2026 NEWSletterOn 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 SciencesSmart & Biggar
ArticleCanadian Patent Office Launches New Portal And New Database, Causing Prosecution Delays And Intermittent AccessOn 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 PropertySmart & Biggar
ArticleFederal Court Of Appeal Confirms Generic Not Required To Address Patent Submitted Before ANDS Filing But Listed AfterOn 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 PropertySmart & Biggar
PodcastFrom 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 PropertySmart & Biggar
ArticleSupreme Court Of Canada Reserves Decision On Appeal Relating To The Patentability Of Methods Of Medical TreatmentOver 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 PropertySmart & Biggar
ArticleClass Actions Relating To Opioid Use Disorder Continue Across CanadaThere 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 & ArbitrationSmart & Biggar