The Canadian Press reports that Canada is ready to cave to European demands for changes to patent rules that could cost Canadians hundreds of millions of dollars in higher health care costs. The ministerial meeting on the remaining CETA issues is set for next week.
Post Tagged with: "Patent"
Supreme Court Voids Viagra Patent as Insufficient Disclosure Means It Fails the “Patent Bargain”
The Supreme Court of Canada this morning shocked the pharmaceutical industry by voiding Pfizer’s patent in Canada for Viagra. The unanimous decision provides a strong reaffirmation of the policy behind patent law, namely that patents represent a quid pro quo bargain of public disclosure of inventions in return for a time limited monopoly in the invention. The Supreme Court describes it in this way:
The patent system is based on a “bargain”, or quid pro quo: the inventor is granted exclusive rights in a new and useful invention for a limited period in exchange for disclosure of the invention so that society can benefit from this knowledge. This is the basic policy rationale underlying the Act. The patent bargain encourages innovation and advances science and technology.
Disclosure is therefore a crucial part of the patent bargain.
CETA Negotiations Continue Under Cloud of ACTA Concerns
Notwithstanding those reassurances, Canadian officials acknowledged the border measures issues were still unresolved. Moreover, days later a European briefing offered a somewhat different take on the copyright provisions. La Quadrature du Net, a leading European NGO, reports that the European Commission confirmed that the controversial criminal ACTA provisions were still included in the CETA draft.
The reports have sparked a wave of new concern (see here, here, here, here, and here) with suggestions that ACTA is “back from the dead in Europe.”
CETA Update, Part One: Political Decision on Pharma Patents in the Fall
Second, when asked about the lack of transparency associated with CETA, Verheul confirmed that both the EU and Canada oppose the release of the text until the agreement is concluded. He argued that the draft text may create an inaccurate picture of where the negotiations stand and that the most difficult issues are often addressed via face-to-face discussions rather than with the exchange of text.
Big Pharma Spending Ratio on Canadian R&D Continues To Decline As IP Demands Increase
Now the same companies are lobbying relentlessly for a new round of patent reforms that they say will lead to further growth in research and development. However, a new report from government’s Patented Medicines Prices Review Board shows that RxD spending to sales ratio continues a decade-long decline, hitting its lowest level since the 1987 reforms.
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