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pharmaceuticals

IP Intensive Program: Experiential Learning at Actavis

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.

Allergan Inc. c. Canada (Health), 2012 FC 767: Comity or Tragedy?

A somewhat confusing victory for Allergan Inc. was won on June 18th, as the Honourable Justice Hughes upheld their patent on COMBIGAN despite the fact that their invention was ruled to be obvious.  The Honourable Justice Hughes ruled in favour of Allergan by prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) […]

India’s First Compulsory Licence: Patents vs Public Health?

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.

WHO Resolution Intended to Address Global Counterfeit Drug Market

On January 21, the WHO 130th WHO Executive Board (EB) adopted a resolution for agenda item 6.13 "substandard/spurious/falsely-labelled/falsified/counterfeit medical products” [SFFC]. The resolution is intended to address the growing prevalence of and the health risks associated with “deliberately and fraudulently mislabelled” pharmaceuticals.

"Loophole" Tightens Around Double Patenting

Dan Whalen is a JD Candidate at Osgoode Hall Law School Bayer was dealt a blow when the Federal Court of Appeal upheld the decision to deny the company a patent of a medical compound because it held a product-by-process patent for the substance already. In 1987, when the pharmaceutical giant received said rights, the […]

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 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 […]

Pharmaceutical Industry Jumps Into the Patent Pool

In a move that signals a completely new approach in its industry, pharmaceutical giant GlaxoSmithKline (GSK) has announced that it will participate in a patent pool to allow access to patented chemicals and processes for development of treatment options relating to neglected diseases. The pharmaceutical industry has long taken criticism for the price of medicines, […]

“Ducking” TRIPS: Novartis and the legality of Section 3(d) of the Indian Patents Act

Professor Shamnad Basheer (National University of Juridical Sciences, Kolkata) is an IP Osgoode Research Affiliate and is also the founder of SpicyIP, a leading blog dedicated to analyzing IP and innovation policy news and cases from India. Glivec, a path-breaking anticancer drug by Novartis propelled Indian patent law onto the world stage in an interesting […]