It was a thrilling tale of will they, won’t they, but in the end Canada and the US agreed on a trade deal, which was signed today by Canada, the United States and Mexico at the G20 leaders’ summit in Buenos Aires. While large parts of the new Canada-United States-Mexico Agreement (CUSMA) seem to be […]
According to the IP Canada Report 2016, the USA is the top patent filer in Canada, with 17,966 applications in 2015, immediately followed by Canada, with 4,277 applications.[1] In 2015, the number of patent applications filed in Canada, by USA residents grew by 10%, while this number grew by only 2% for Canadian residents.[2] From […]
In 2017, Canada won the dispute against the US-based pharmaceutical company Eli Lilly in investor-state arbitration (ISA). Foreign investors can sue sovereign governments in ISA in case of mistreatment, such as, for example, expropriation, a violation of fair and equitable treatment and discrimination. To succeed in its claim, the investor should show that the state […]
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 […]