The trade battle between Canada and the U.S. took a brief break last week as hours before the Trump tariffs were scheduled to take effect, President Trump agreed to a 30 day delay in return for various border measures. That brought a sigh of relief but no real sense that the issue is over. Indeed, quite the opposite – as future battles over tariffs and other measures appear very likely. Professor Richard Gold of McGill University’s Faculty of Law specializes in intellectual property. On last week’s Law Bytes episode, I referenced his proposal to consider suspending patents in key sectors such as pharmaceuticals and AI as a mechanism to counter US pressure. He joins me on the Law Bytes podcast to expand on his idea, explaining why there would be benefits for Canadian firms and frustration on U.S. firms that could spark domestic support to counter potential measures targeting Canada.
Post Tagged with: "patents"
The Law Bytes Podcast, Episode 160: Peter Carrescia on Why Patents Won’t Solve Canada’s Innovation Problem
In recent years, there has been growing effort to link longstanding concerns about Canadian innovation with patents. The argument – which has crossed into Canada’s strategy around AI – posits that the road to an innovative economy is inextricably linked to a greater emphasis on intellectual property and in particular on patents. But what if the correlation between patents and innovation is weak at best? What if an emphasis on patents may actually be harmful to startups whose attention and resources is better placed elsewhere?
Peter Carrescia is a successful innovator and investor who recently wrote a Globe and Mail op-ed that raises precisely these issues, warning that “creating policy that pushes patents regardless of area or company stage and gauges success by counting patents is misguided and, in fact, dangerous to the success of startups.” He joins the Law Bytes podcast to talk about his experience and concerns with direction of government policy that may be mistaking an IP policy for an innovation one.
The Law Bytes Podcast, Episode 88: Ellen ‘T Hoen on Waiving Patents to Support Global Access to COVID Vaccines
The global struggle for access to COVID-19 vaccines took a dramatic turn recently as the Biden Administration in the United States unexpectedly reversed its longstanding opposition to a patent waiver designed to facilitate access to vaccines in the developing world. The shift seemingly caught many by surprise. Pharmaceutical companies were quick to voice opposition and U.S. allies found themselves being asked to take positions. That was certainly the case in Canada, where the Canadian government has steadfastly refused to support the waiver with repeated claims that it had yet to make a decision.
Ellen ‘t Hoen, is a lawyer and public health advocate with over 30 years of experience working on pharmaceutical and intellectual property policies. From 1999 until 2009 she was the director of policy for Médecins sans Frontières’ Campaign for Access to Essential Medicines. In 2009 she joined UNITAID in Geneva to set up the Medicines Patent Pool (MPP). Ellen is currently the director of Medicines Law & Policy and a researcher at the University Medical Centre Groningen. She joins the Lawbytes podcast this week to talk about the fight for a patent waiver and the implications of the Biden decision for global access to COVID vaccines.
What Happened to Canada’s Innovation Agenda?: How Innovation Policy Has Been Sidelined By Cultural Policies and Misplaced Provincial Prioritization of Patents
It was just five years ago that the Liberal party, then mired in third place nationally, made innovation a centerpiece of its electoral strategy. The 2015 Liberal platform referenced “innovation” 10 times with promises to establish a national innovation agenda that would touch on everything from agriculture to the everyday work of government. Within weeks of the election, the role of industry minister was recast as the innovation, science and economic development minister, armed with a mandate letter peppered with instructions to pursue an innovation agenda.
Fast forward to 2020 and innovation has largely disappeared from the government’s radar screen with the word banished from the 2019 election platform. My Globe and Mail op-ed notes that the response to COVID-19 has understandably emerged as job one, but the disappearance of innovation as a government policy priority raises serious concerns about how Canada will foster the economic growth needed to help recover from the devastating effects of the global pandemic.
The LawBytes Podcast, Episode 33: “Canadian Patenting is Not Going to Drive Anything” – Aidan Hollis on New Research on Patents and Innovation
One of Canada’s longstanding digital and economic policy concerns has involved innovation, with fears that the Canadian economy is failing to keep pace with other, more innovative economies. Some point to intellectual property as a critical part of policy equation, arguing that stronger IP laws would help incentivize greater innovation. Economists Nancy Gallini and Aidan Hollis recently released an interesting report for the Institute for Research on Public Policy examining the role of patents and patent policy in Canadian innovators’ decisions to sell their IP rather than continue to develop it in Canada, and the incentives driving this decision. Professor Hollis joins the podcast this week to discuss the report, its link to innovation policy, and what the government could consider to address ongoing concerns.
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