This is an excerpt from a paper by Adam Falconi, the recipient of the 2015 Barry D. Tomo Memorial Prize for best research paper on a subject related to industrial or intellectual property law. The full paper will appear in the upcoming edition of the Intellectual Property Journal (IPJ). In September of 2014 the consolidated […]
This past fall I had the privilege of participating in Osgoode Hall Law School’s Intellectual Property and Technology Law Intensive Program. The placement allowed me to spend my fall semester with the Legal Affairs department of Teva Canada, one of Canada’s largest manufacturers of generic medications and a subsidiary of Teva Ltd., one of the […]
On September 23, Canada’s Competition Bureau (“the Bureau”) announced landmark guidelines regarding the consideration of pharmaceutical patent litigation settlements under Canada’s competition law framework. The Bureau’s guidelines on this issue were released as part of a white paper titled Patent Litigation Settlement Agreements: A Canadian Perspective. These settlement agreements attract concern from competition regulators due […]
The course Legal Values: Commercializing Intellectual Property is being offered for the first time at Osgoode Hall Law School this winter term. The IPilogue sat down with Adjunct Professors, Ed Fan (Torys LLP, Partner) and Loreto Grimaldi (MedAvail Technologies Inc., COO & General Counsel) to talk about this unique course. As the business world increasingly relies on an […]
At long last, the Canadian Federal Government and the European Commission announced in October that a political agreement has been reached regarding the much anticipated Comprehensive Economic and Trade Agreement (CETA). Although the full-text of the agreement has yet to be revealed, Canadians have a pretty good idea of the way in which CETA will affect […]
A recent lawsuit filed by Myriad Genetics involving the alleged infringement of their controversial breast cancer screening tool has included the prestigious Toronto SickKids hospital as a co-plaintiff. This lawsuit has been a source of criticism for the hospital and has reinvigorated the debate on the merits of public-private research collaborations in health care innovation.
A little over a week ago, the Fraser Institute, a prominent and independent Canadian public policy think tank, released a report calling for a strengthening of intellectual property protection for pharmaceuticals in Canada. The report claims that the changes would produce an increase in trade opportunities and access to foreign markets that would generate an […]
Last month, the Supreme Court of Canada (SCC) denied leave to appeal in the case Eli Lilly Canada Inc v Novopharm Ltd, passing on an opportunity to clarify the controversial “promise of the patent” utility requirement for Canadian pharmaceutical patents.
Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]