Study Debunks Chamber of Commerce Claims on Canadian Patent Law

The study, which received support from the Canadian Generic Pharmaceutical Association, is a must-read for International Trade Minister Ed Fast, trade negotiators and policy makers since it clarifies the likely costs associated with the EU demands.

Iacobucci points out that competition from generic pharmaceuticals can have an enormous impact on consumer costs. For example, when generic alternatives to the cholesterol medication Lipitor appeared on the market in 2010, annual revenues for the drug dropped by $350 million. Given the billions spent on pharmaceuticals each year, rules that delay generic competitors can lead to huge additional costs.   

Iacobucci also questions the premise that increased intellectual property protection for pharmaceuticals will invariably lead to job growth and increased research and development spending. On the employment front, he notes that the brand name and generic pharmaceutical companies are both big employers in Canada – 15,000 employees for brand name and 10,000 for generics – and policy changes might not yield any net new jobs.

Iacobucci challenges the notion that because intellectual protection is good, more protection must be better. The report notes that this is particularly true in the Canadian context, which is a small player in the global pharmaceutical market.  Canada represents only 2.5 percent of the world market, meaning that Canadian laws have little impact on international incentives to innovate.

In fact, Iacobucci reveals that previous Canadian attempts to use policy levers to generate increased pharmaceutical research have largely failed. In 1987, Canada began enacting a series of reforms with the promise from brand name pharmaceutical companies that their research and development budgets would equal at least ten percent of domestic sales. The government kept its end of the bargain with changes that delayed the entry of generic drugs by up to two years and granting eight years of data exclusivity. Yet despite the reforms, Canadian research and development spending has regularly failed to meet the ten percent target.

Moreover, while the percentage of research and development spending may not have increased, Canada’s pharmaceutical trade deficit certainly has. In 2000, the Canadian pharmaceutical trade deficit – the amount that imports exceeded exports – stood at $3.7 billion. By 2009, the trade deficit had grown to a record $6.4 billion.

Those numbers help explain why Canada will face great pressure to favour brand name, predominantly foreign-based pharmaceutical companies. As Fast tallies the costs and benefits of further pharmaceutical reforms, the Iacobucci study confirms that there is little in it for Canada and sheds more light on the questionable claims of the Canadian Chamber of Commerce’s advocacy efforts.


  1. Alexandre says:

    After the messed up IP laws are passed, the price of drugs will become so high, the only solution will be to nationalize all medications. Government saving the “free-market” once again.

  2. Graham J says:

    Despicable. It really saddens me that the world is full of people whose only apparent purpose in life is to make another dollar however they can. It’s one thing to want more for yourself in a personal sense, to be able to afford some of the nicer things in life, but when this collective greed starts twisting national policies, limiting food and drug availability, lowering standards of living, it’s simply gone too far.

    When are we going to stand up and proclaim that we don’t want a world that’s driven by money, greed and deceit? One where politicians, governments and corporations aren’t called out for lying or sociopathic behaviour? We wouldn’t let our friends do these things on a personal level so why do we allow it where it’s far more detrimental?

    Sometimes I’m ashamed to be human.

  3. end user says:

    Graham J said: When are we going to stand up

    I don’t think people in Canada and quite a bit of the western world are capable of standing up anymore. Interesting how not long ago people still stood up to fascism but not these days.

    Look at people in the USA and how many of their rights have been eroded since 911 and not one bit of revolt has happened.

  4. Energy Clearing says:

    Study Debunks Chamber of Commerce Claims on Canadian Patent Law
    The Report makes no effort to place Canada’s patent law in an international context or address international relations, but instead simply asserts without justification that Canada would suffer if it fails to grant the same concessions to the pharmaceutical industry that the EU and US have made. The flaws in this basic approach undermine each of the CIPC Report’s recommendations.

    Energy Clearing