Amendments to the Patent Act and enactment of the Certificate of Supplementary Protection Regulations flowing from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA, see our article here) introduced a new framework in Canada for the issuance of Certificates of Supplementary Protection (CSPs). CSPs provide an additional patent-like protection term, and are intended to partly compensate the innovator for the time required for research and obtaining regulatory approval in Canada. CSPs are similar to the European system of Supplementary Protection Certificates (SPCs), with a number of key differences, including a shorter capped term of 2 years, as compared to 5 years in the EU. Key aspects of the two regimes are compared in the chart below.
A special thank you to Daniel Wise, partner, Carpmaels & Ransford, for contributing the SPC details.
Click to view the chart (*Revised in June 2023)
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
Related Publications & Articles
-
Health Canada and the Competition Bureau commit to information sharing to combat false, misleading or deceptive health claims
On March 7, 2024, Health Canada published a Memorandum of Understanding (MOU) with the Competition Bureau (together, Participants) to advance their mutual interests and develop a framework of cooperat...Read More -
Update on biosimilars in Canada – March 2024
In this article, we provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, and market access).Read More -
Generic Submissions Under Review list will identify generic filers
On February 23, 2024, Health Canada announced that it will expand the information available on the Generic Submissions Under Review (GSUR) list.Read More