Bill C-30: who wins and who loses in Canada’s pharmaceutical patent battles?
Following lengthy negotiations with the European Union (EU), Canada enacted Bill C-30 to implement the ‘Comprehensive Economic and Trade Agreement’ in 2016 . A particularly important part of that legislation involved the treatment of pharmaceutical exclusivity and the process of litigation between patentees and generic firms. This paper reviews the likely impact of C-30 and its accompanying regulations on the pharmaceutical marketplace in Canada. There are two key changes, with other downstream effects. First, Canada has now implemented a system of ‘Certificates of Supplementary Protection’ (CSPs) that will provide for effective patent extension of up to 2 years for one qualifying patent for each product. Second, the legal process for generic firms to enter the market has been simplified.
Year of Publication: 2017
Authors: Aidan Hollis