Last August, China’s State Intellectual Property Office (SIPO) invalidated the core patent for Gilead Sciences‘ flagship drug Viread (as was reported by IPR Daily and a number of other news sources). This landmark ruling comes on the heels of recent changes to China’s compulsory licensing scheme for pharmaceutical products. This quick-step of legislative reform followed by the […]
The re-posting of this blog is part of a cross-posting collaboration with the Stanford Law School China Guiding Cases Project.
In this year’s State of the Union address, US President Barack Obama reaffirmed his Administration’s commitment to addressing economic inequality by fostering the jobs of the future: “We know that the nation that goes all-in on innovation today will own the global economy tomorrow. This is an edge America cannot surrender.” In order to do […]
What do cooking and chemistry have in common? Apparently, the former provides great analogies to explain the latter. Apotex has recently applied for judicial review of a decision of the Director General of the Therapeutic Products Derivative (TPD) concerning its generic drug, Apo-Telmisartan. While several issues were raised in the application, of particular interest was […]
It has been nearly twenty years since the Uruguay Round of World Trade Organization (WTO) trade talks that created the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. In the intervening decades, multilateral trade negotiations have stalled and international agreements relating to intellectual property (IP) law have trended towards bi- and plurilateral levels. And, […]
Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the IP Intensive Program, the Founder and Director of the IP Osgoode Innovation Clinic, and an Associate Professor at Osgoode Hall Law School. 2013 ushered in renewed changes to the intellectual property law terrain in Canada and around the world. […]
My 10 week internship at Actavis’ Canadian arm (formerly known as Cobalt), through Osgoode’s IP Intensive Program coincided with a very exciting time for the company. The company recently expanded through a number of acquisitions to make it the third-largest generic pharmaceutical company globally, with commercial operations in more than 60 countries worldwide.
Last semester, I had the honour of interning at the CodeX Center for Legal Informatics at Stanford University in Palo Alto, California. This internship was one of the many placements available through Osgoode Hall Law School’s Intellectual Property Law & Technology Intensive Program. This program provides students with a two week period of discussions with […]
The “innovation patent system”, a second-tier patent system unique to Australia, was introduced in 2001 by the Australian Parliament to promote the growth of small-to-medium enterprises (SMEs) by providing a relatively quick and cost-effective process to obtain patent protection for lower-level or incremental inventions. The World Intellectual Property Office refers to Australian-type “second-tier patents” as […]
A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]