There is little doubt that the protection of the patent system has been instrumental in the continued innovation in science and technology by allowing the inventor (or filer of the patent) to reap the benefits of their effort and creativity. The realm of public health is no stranger to these benefits, with such innovation having […]
A team of Hamilton scientists at the Stem Cell and Cancer Research Institute (SCC-RI) of McMaster University have made a breakthrough discovery (reported by CTV here) with the potential to significantly impact future cancer treatment, and provide new hope for people living with cancer including tens of thousands of Canadians. Published in last Thursday’s edition […]
Normally, doing something that breaks the law earns you a punishment, including a fine, community service, or even imprisonment. However, when Apotex Inc., a large generic pharmaceutical company, began producing and selling a drug that Servier Laboratories Limited, another large pharmaceutical company, had patented, Apotex was awarded $17.5 million.
Using a quote that he attributes to Pablo Picasso, the late Steve Jobs stated in a 1994 interview that “good artists copy, great artists steal.” It seems somewhat ironic that Apple Inc., the company he co-founded, now finds itself in an entrenched legal battle with Samsung over a number of alleged patent and trademark infringements. The twist? […]
Imagine a world of great biotechnological promise where the hope of preventative, diagnostic and treatment medicine to illness and disease is more of a reality than ever before. Further, imagine that this world has, in hand, a map of the entire human genome with bits of DNA no longer lying in wait for discovery but […]
On March 20, 2012, the United States Supreme Court decided Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (U.S. 2012). The case was unanimous and emphatically reaffirmed that United States patent law does not allow ownership of “laws of nature.” The context was a pair of patents owned by Prometheus which claimed […]
This Wednesday, April 18, Pfizer will defend the patent protecting the little blue pill that has changed the lives of men and women around the world. The pill is of course Viagra and the assailant is Teva, a generic pharmaceutical company. Teva applied for a Notice of Compliance in order to market a generic version […]
Three years ago, the Federal Court announced a plan to try to schedule trials within two years of the commencement of the proceeding. Since that time, many new patent cases have been commenced and some trials have been scheduled and heard. Has the court met its goals for patent infringement actions? In Canada, most patent […]
The Canadian government and European Union (EU) are currently negotiating a Comprehensive Economic and Trade Agreement (CETA). A key issue has been ensuring that Canadian intellectual property rights for pharmaceutical products are brought in line with EU standards. It appears that the EU believes Canada’s legal regime regulating the approval of drugs does not provide […]
In a move with far reaching implications for the debates around pharmaceutical patents, innovation and access to medicines, the Indian patent office issued its first ever compulsory licence in the post TRIPS era. While health activists, generic manufacturers and several academics lauded the decision, the multinational pharmaceutical industry was up in arms.