Searching Content indexed under Intellectual Property by Richard Cheung ordered by Published Date Descending.
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Supreme Court Of Canada Dismisses Application For Leave To Appeal Patent Listing Decision
The Supreme Court of Canada has dismissed Gilead's application for leave to appeal the decision of the Federal Court of Appeal, involving the eligibility of a patent for listing on the Patent Register in relation to a combination drug product.
18 Apr 2013
Nobody’s Perfect - Canadian Court Addresses The Standard When Correcting Clerical Errors
In the recent case of "Repligen Corporation v. Canada (Attorney General)" (2012 FC 931), the Federal Court granted a second application for judicial review of a decision made by the Commissioner of Patents.
12 Dec 2012
DIP Working Group Recommends That PMPRB Permanently Adopt The DIP Methodology
On May 16, 2012, a Report setting out the follow-up recommendations of the DIP Working Group on the pilot implementation of the DIP Methodology was released by the PMPRB.
13 Jun 2012
PMPRB Seeks More Efficient Use Of Its Resources
The Patented Medicine Prices Review Board is seeking stakeholder comments on proposed changes to its Compendium of Policies, Guidelines and Procedures related to thresholds for opening an investigation and offsetting de minimus excess revenues.
2 May 2012
Drugs Made Available Under The Special Access Programme May Still Be Eligible For Data Protection
On April 10, 2012, the Federal Court of Appeal issued its decision in Teva Canada Limited v. Canada (Health), confirming that drugs made available in Canada pursuant to the Special Access Programme (SAP) are not considered to be "previously approved" under subsection C.08.004.1(1) of the Food and Drug Regulations and therefore remain eligible for data protection.
26 Apr 2012
Canada Strengthening Its IP Regime
As with previous years, Canada has been placed on the U.S. 2011 Priority Watch List of countries for which there are concerns regarding the protection and enforcement of intellectual property rights.
1 Nov 2011
Administrative Drug Submissions To Be Excluded From The PM(NOC) Regulations?
Health Canada recently released proposed revisions to its Patented Medicines (Notice of Compliance) Regulations guidance document that, if implemented, will exclude certain administrative drug submissions (e.g., where a licensee cross-references a licensor's drug submission) from the scope of section 5 of the PM(NOC) Regulations. Section 5 of the Regulations sets out requirements that a second person (typically a generic manufacturer) must comply with in submissions seeking a NOC for a drug that
17 Oct 2011
Canadian Federal Court Of Appeal Defuses An "Atomic Bomb" Of Patent Law And Stops Inequitable Conduct At The Border
In late July, the Canadian Federal Court of Appeal released its decision in Corlac Inc. et al. v. Weatherford Canada Limited et al in which the Court clarified the grounds upon which an issued patent can be invalidated.
24 Aug 2011
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