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Category Archives: Canada

The 2022 PMPRB Outlook for Pharmaceutical Patentees in Canada

January 18, 2022 Dara Jospé and Eric Saragosa

UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors and requiring that price and revenue information be reported net of all adjustments. The federal government will proceed with amendments establishing a new basket of comparator countries, with a coming-into-force date of July 1, 2022. For more information, see our Life Sciences Bulletin on the Minister’s announcement.
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In December 2021, the Patented Medicine Prices Review Board (the “PMPRB”) and the Minister of Health issued two updates regarding the Regulations Amending the Patented Medicines Regulations (the “Amendments”) and the new PMPRB Guidelines (the “New Guidelines”). These notably include a further deferral of the coming-into-force date of the Amendments. The updates, along with the Federal Court of Appeal’s (“FCA”) July 2021 decision in Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157 (“Alexion”), may have important implications for pharmaceutical patentees in Canada as they implement or revise their pricing strategy for 2022 and beyond.

Analysis, Canada, Patents

Federal Court of Canada provides narrow interpretation of the scope of Patent Agent Privilege

November 30, 2021 Mark Penner and Jason Markwell

One does not need to be a legal scholar to know that confidential communications between lawyers and their clients for the purpose of seeking and giving legal advice are generally privileged. The so-called “solicitor-client” privilege is a cornerstone of law and allows clients and their lawyers to freely discuss legal issues without unintended disclosures. Thus, apart from certain exceptions, Canadian courts will not compel production of privileged communications such as emails, letters and reports exchanged between clients and their lawyers for the purpose of legal advice.

For years, this special treatment did not attach to communications between clients and their patent agents. This was problematic because patent agents often provide equally strategic and sensitive advice and opinions in the specific area of patents. As a result, it was common practice to channel such communications through lawyers to shroud these under solicitor-client privilege.

Analysis, Canada, Patents

Quick overview of the state of patents for psychedelics

October 27, 2021 Serge Lapointe, PhD

Psychedelics are a class of psychoactive substances that produce changes in perception, mood and cognitive processes. Also so known as “hallucinogens”, reference to psychedelics is commonly meant to include substances such as Psilocybin (a.k.a. “magic mushroom”), MDMA (a.k.a. “extasy”) and LSD (Lysergic acid diethylamide).

Likely following the lead of the ongoing legalisation of cannabis in Canada, many U.S. states and other countries, the recent years have seen unprecedented investments and an increasing interest in research, production, and supply of psychedelics, particularly for potential medicinal uses.

The present article aims to provide a brief overview of the current situation from a patent perspective and to discuss about patenting strategies for these substances.

Analysis, Canada

Bill C-218 receives royal assent: the legalization of single-event sports betting in Canada

August 4, 2021 Paolina Tosheva

Canadian provinces will soon be tasked with the regulation of single-event sports betting. On June 29, 2021, Bill C-218, entitled An Act to amend the Criminal Code (sports betting) (“Bill C-218”), received royal assent. Once the amendments come into force, provincial governments and licensed persons will have the option of lawfully offering bets on races, fights, single sport events, and athletic contests.[1] The amendments have the potential to generate additional revenue for provinces and increase protections for consumers.