Canada boosts protection for patent holders

Abstract

The Supreme Court of Canada has strengthened patent protection and intellectual property rights for brand-name-drug makers. It has also likely removed a Canadian bargaining chip in the upcoming renegotiation of the North American Free Trade Agreement with Mexico and the U.S. The top court’s June 30 ruling overturns what’s known in legal circles as the promise doctrine. This allowed invalidation of a Canadian drug patent if a court found the pharmaceutical didn’t live up to every promise a company made in the patent application about the effects of the drug. Canada used this legal doctrine to invalidate 26 patents on 22 medicines during the past decade, says U.S.-based Pharmaceutical Research & Manufacturers of America, which represents brand-name-drug makers. “This ruling means Canada got rid of a standard that kept out low-quality patents,” says Richard Gold, a law professor and intellectual property expert at McGill University. He’s a member of the