Post Tagged with: "Patent"

Vote Dole by Kit Peters (CC BY-NC-SA 2.0) https://flic.kr/p/6ddmVd

Toward a Canadian Knowledge Transfer Strategy: My Appearance Before the Standing Committee on Industry, Science and Technology

The House of Commons Standing Committee on Industry, Science and Technology recently launched a study on intellectual property and tech transfer, which it hopes will feed into the government’s national IP strategy. I appeared before the committee yesterday, which provided an opportunity to provide a perspective that shifted away from encouraging greater university patenting and instead emphasized that the real goal should be knowledge transfer, not just tech transfer. I noted that knowledge transfer certainly incorporates tech transfer but it also includes research papers, data trials, educational materials, and highly qualified students and personnel.  My opening remarks also highlighted potential strategic reforms including emphasizing open access, crafting an anti-IP abuse statute, and expanding fair dealing with additional categories or adopting fair use provisions.  The ensuing discussion touched on a wide range of issues, including patent and copyright trolls.  My opening remarks are posted below.

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June 2, 2017 3 comments News
Justin Trudeau: "Trade needs to work for people" by European Parliament (CC BY-NC-ND 2.0) https://flic.kr/p/RZn1gM

PBO Concludes CETA Patent Rules Will Lead To Outflow of Hundreds of Millions in Pharma Royalties

The Parliamentary Budget Officer released a report last week providing its estimate on the economic impact of the Canada – EU Trade Agreement. While the Liberal government made CETA its top trade priority when it came into office (and the Conservatives claimed that the deal would add $12 billion to the Canadian economy), the PBO report concludes that the economic benefits will be modest at best.

The report devotes a full chapter to CETA’s intellectual property provisions, particularly the patent related rules that will have a direct impact on the pharmaceutical industry.  CETA establishes patent restoration and patent appeal rules that will extend the term of patent protection for pharmaceutical products, thereby increasing consumer prices and royalty outflows. With a regulatory framework designed to address pricing in place, the report focuses on increased royalty outflows with extended protection.

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May 8, 2017 6 comments News
AM16 Seminar: Fiscal Policy in the New Normal by International Monetary Fund (CC BY-NC-ND 2.0) https://flic.kr/p/MuzgZS

Budget 2017: Why Canada’s Digital Policy Future Is Up For Grabs

Canadian Finance Minister Bill Morneau released his government’s 2017 budget today and while the spending promises may be underwhelming for some, the documents sets out an ambitious agenda for digital policy review. In fact, with changes to copyright, patent, broadcast, telecom, net neutrality, digital taxes, fintech, Canadian media, and Cancon all under consideration, the coming year will have enormous implications for the future of Canada’s digital policies.

The budget does include several spending promises, including $13.2 million over five years to support an affordable Internet access program, $50 million for kids coding programs, $29.5 million over five years for digital literacy, and $14.9 million for digitization of Indigenous language and materials. There is also new money for the growth of artificial intelligence sector and the much-anticipated revamping of innovation funding programs.

Yet the biggest digital implications may ultimately come from the policy reforms. First up may be new digital sales taxes. The budget includes a commitment to extend sales taxes to ride sharing companies such as Uber, a move that seems likely to ultimately lead to a broader extension of sales taxes to digital services such as Netflix.

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March 22, 2017 8 comments News
BC and Canada partner on investment in clean-energy technology by Province of British Columbia (CC BY-NC-ND 2.0) https://flic.kr/p/RFvhsD

How Navdeep Bains Can Get His #Innovation Groove Back

The release of today’s federal budget is expected to include a significant emphasis on innovation, with the government revealing how it plans to spend (or re-allocate) hundreds of millions of dollars that is intended to support innovation. Canada’s dismal innovation record needs attention, but spending our way to a more innovative economy is unlikely to yield the desired results. While Navdeep Bains, the Innovation, Science and Economic Development Minister, has talked for months about the importance of innovation, Toronto Star columnist Paul Wells today delivers a cutting but accurate assessment of those efforts:

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March 22, 2017 2 comments News
eli lilly drug cabinet by sciondriver (CC BY-NC-ND 2.0) https://flic.kr/p/cK3ExS

Panel Rejects Eli Lilly Claim Over Canadian Patent Law, Orders Company to Pay Millions in Costs

In the early 1990s, Eli Lilly applied for patent protection in Canada for two chemical compounds, olanzapine and atomoxetine. The company had already obtained patents over the compounds, but asserted that it had evidence to support new uses for the compounds that merited further protection. The Canadian patent office granted the patents based on the content in the applications, but they remained subject to challenge.

Both patents ultimately were challenged on the grounds that there was insufficient evidence at the time of the applications to support the company’s claims. The Federal Court of Canada agreed, invalidating both patents. Eli Lilly proceeded to appeal the decision to the Federal Court of Appeal and later to the Supreme Court of Canada. The company lost the appeals, as the courts upheld the decision to invalidate the patents.

Under most circumstances, that would conclude the legal story as several Canadian courts reviewed Eli Lilly’s patent applications and ruled that they failed to meet the standards for patentability. Yet in June 2013, the company served notice that it planned to use the ISDS provisions in the North American Free Trade Agreement to claim that in light of the decisions, Canada was not compliant with its patent law obligations under the treaty. As compensation, Eli Lilly sought at least $500 million in damages.

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March 21, 2017 2 comments News