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Articles

Top 10 Patent and Regulatory Things You Need to Know when Bringing a Biopharma Product to Canada

By Nancy Pei, Principal, Alice Tseng, Principal, Toronto Office and Daphne Lainson, Principal, Ottawa Office, Smart & Biggar LLP

Canada is an attractive market for pharmaceutical manufacturers. Most Canadian consumers have some form of drug coverage through government programs and/or private insurance. Below are ten patent and regulatory topics that in-house counsel need to know before bringing an innovative product to Canada.

Editor's note: This article was updated to reflect recent developments; the original version of this article was published on December 16, 2020.

Articles

Canada's New Linkage Litigation Scheme: A Comparison to Hatch-Waxman

By Nancy Pei, Partner, Smart & Biggar LLP and Brian Coggio, Fish & Richardson PC

The September 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations introduced a new scheme for pharmaceutical patent linkage litigation in Canada. That scheme is now much closer to the United States' (US) Hatch-Waxman scheme, but with remaining key differences that are explained in this chart.

Articles

Comparing Supplementary Protection Regimes Between Canada (CSPs) and The EU (SPCs)

By Nancy P. Pei, Partner, Smart & Biggar LLP, and Daniel Wise, Carpmaels & Ransford LLP

Amendments to the Canadian Patent Act and enactment of the Certificate of Supplementary Protection Regulations flowing from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement introduced a new framework in Canada for the issuance of Certificates of Supplementary Protection (CSPs).

This chart compare key aspects of the two regimes, Canada's and the EU's.

Articles

10 Things You Need to Know about Life Sciences Patent Litigation in Canada

By Sheldon Hamilton, Principal, Smart & Biggar LLP, Barrister and Solicitor Patent and Trademark Agent, and Nancy Pei, Principal, Smart & Biggar LLP, Barrister and Solicitor Patent and Trademark Agent

Patented medicine regulations in Canada can be complex and the review process is fast-paced. In this Top Ten, in-house counsel will learn the essential points of how to prepare for the "Regulations" review. Editor's note: This article was updated to reflect recent developments; a prior version of this article was published on August 6, 2020.

Sample Forms, Policies, and Contracts

Business Development Agreement

This is a sample business development agreement, for a non-exclusive cooperative marketing relationship to promote collection services (governed by Ohio law).

Articles

Key Considerations for Environmental Transactions: Seeing the Forest and Not Just the Trees

By Eric L. Christensen (Principal) and Astrika Adams (Associate) of Beveridge & Diamond PC

Corporate mergers, asset acquisitions, and divestitures often include a variety of environmental components or considerations – some of which can be nuanced – that can affect and can be affected by other non-environmental components.

This article offers six strategic considerations for businesses to successfully navigate the negotiation and execution of transactions involving industries or operations subject to significant environmental regulations.

Articles

Ten Steps to Prevent and Prepare for Wildfires in Oil and Gas Operations

By John C. Funderburk and Sydney J. St. Pierre (Kean Miller LLP)

Often overlooked are the impacts wildfires can have on oil and gas operations. The potential for wildfires to cause severe damage underscores the need for stringent fire safety protocols. 

This articles provides steps oil and gas operators can take in preparation for and prevention of a wildfire.

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