Rx IP Update September 2014 Special Edition

CETA text released: Patent term restoration for pharmaceutical/biologic patents coming to Canada

by Daphne Lainson and Nancy Pei

As reported in the IP Update, Text of CETA released, the text of CETA was released on September 26, 2014. As reported in that article, CETA, Chapter 22 in particular, includes provisions specifically impacting pharmaceuticals/biologics in three areas: (i) patent term restoration (PTR); (ii) innovator right of appeal under the Patented Medicines (Notice of Compliance) Regulations; and (iii) data protection. See also our November 14, 2013 article: Comprehensive Economic and Trade Agreement between Canada and Europe to result in greater protection for pharmaceutical patentees.

This article provides more details regarding the patent term restoration provision, Article 9.2, entitled Sui Generis [Latin for “unique”] protection for Pharmaceuticals.

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For more information or to request a copy of any decision, pleading or legislation, please contact:

Nancy P. Pei (Editor)




Urszula Wojtyra

Tracey L. Stott



Gunars A. Gaikis
Nancy P. Pei

Steven B. Garland
Jeremy E. Want

J. Sheldon Hamilton
Colin B. Ingram

Yoon Kang

J. Christopher Robinson
Thuy Nguyen

Yoon Kang

David E. Schwartz

Daphne C. Lainson

Nancy P. Pei

Daphne C. Lainson




The preceding is intended as a timely update on Canadian intellectual property and regulatory law of interest to the pharmaceutical industry. The contents of this newsletter are informational only and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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