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Pharmaceutical Drugs

Should Exclusivity Periods be Tailored to Technology?

Should Exclusivity Periods be Tailored to Technology?

On Friday, July 31st, the United States House Committee on Energy and Commerce approved “America’s Affordable Health Choices Act” by a narrow three-vote margin. The bill was introduced in the House by Wisconsin Democrat Representative John Dingell. Representatives from around the country stated that the bill “will deliver the results the nation’s health care system […]

Federal Court Ruling Upholds Data Protection Period for Research-Based, Innovative Drug Companies

Federal Court Ruling Upholds Data Protection Period for Research-Based, Innovative Drug Companies

The period of data protection allocated to research-based, innovative drug companies is a hotly debated topic in the pharmaceutical industry and beyond. This period of protection allows research-based, brand name drug companies to maintain a monopoly on the market for any particular drug for a specified duration. During the period of data protection, competing generic drug […]

Blakes Seminar Shows That Intellectual Property is a Hot Topic in Canada

Blakes Seminar Shows That Intellectual Property is a Hot Topic in Canada

Intellectual property is an area of law that has more impact on our daily lives than many people realize. At a seminar series held at Blakes, Cassels & Graydon LLP on June 23rd, I learned that in order to fully understand intellectual property, it is important to consider other areas of law, such as insolvency […]

Impact of TRIPS on Generic Pharmaceuticals in India - A Research Endeavor in Delhi

Impact of TRIPS on Generic Pharmaceuticals in India - A Research Endeavor in Delhi

I am currently working at the Human Rights Law Network, located in Delhi, India. My experience here has been just phenomenal. I am extremely excited to share with all of you what I learn during my tenure at HRLN. Upon arriving, I attended the HIV/AIDS Conference, initiated and organized by HRLN. My involvement in the […]

Federal Court of Appeal's Decision Interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations Leads to Mixed Results

Federal Court of Appeal's Decision Interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations Leads to Mixed Results

The Federal Court of Appeal has recently released its first decision interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations [PM(NOC)]. The PM(NOC) Regulations essentially serve as a link between the patent system and the drug regulatory approval system. The Regulations enhance protection for pharmaceutical patents by requiring generic companies to "clear" relevant […]

United States Doctrine of Inequitable Conduct Under Scrutiny Again

United States Doctrine of Inequitable Conduct Under Scrutiny Again

The controversial doctrine of inequitable conduct has once again garnered much attention in the patent law community due to the recent denial of certiorari by the US Supreme Court in Aventis Pharma v. Amphastar.  The doctrine of inequitable conduct allows courts to exercise equitable discretion to find a patent unenforceable if the applicant has failed to exercise his or […]

The People's Patent Group: Generic Pharmaceuticals, Agricultural Biotechnology and International Human Rights

The People's Patent Group: Generic Pharmaceuticals, Agricultural Biotechnology and International Human Rights

Justin Lim is a student at Osgoode Hall Law School (J.D. Class of 2010) and Student Director of the International Legal Partnership I'm very excited to announce the collaboration between IP Osgoode and the International Legal Partnership (ILP) that will see the placement of Research Fellows with the People's Patent Group (PPG) in Delhi, India. From […]

The Golden Goose

The Golden Goose

Keldeagh Lindsay is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. Canada’s Access to Medicines Regime (CAMR) is an amendment of the Patent Act following the 2003 WTO Decision to waive certain intellectual property rights, with the aim of providing low-cost generic pharmaceutical medicines […]