In response to the pandemic, we saw quick action and flexibility
from:
the
Canadian Intellectual Property Office
(CIPO) - deadlines from March 16 to August 28 were extended until
August 31. On December 14, the Trademarks Office began accepting
requests for expedited examination of trademark applications
associated with medical goods or services related to COVID-19;
the
Federal Courts - Federal Court (FC)
deadlines were suspended until June 29 or July 13, depending on the
province, and a number of hearings and patent trials were conducted
by Zoom. Federal Court of Appeal (FCA) deadlines continue to
be suspended for some appeals, but are being lifted for selected
1. COVID-19: CIPO, Federal Courts, Health Canada
In response to the pandemic, we saw quick action and flexibility from:
the
Canadian Intellectual Property Office (CIPO) – deadlines from March 16 to August 28 were extended until August 31. On December 14, the Trademarks Office began accepting requests for expedited examination of trademark applications associated with medical goods or services related to COVID-19;
the
Federal Courts – Federal Court (FC) deadlines were suspended until June 29 or July 13, depending on the province, and a number of hearings and patent trials were conducted by Zoom. Federal Court of Appeal (FCA) deadlines continue to be suspended for some appeals, but are being lifted for selected files on a weekly basis. The FC held that the 45-day time limit for commencing a s. 6(1) action under the
July 1, 2021. The amendments delaying the coming-into-force date (see here) will be published in the Canada Gazette II on January 20, 2021. Accordingly, the reporting requirements due by January 31, 2021 of sales and pricing information for the period from July 1, 2020 to December 31, 2020 will be governed by the current Regulations.
These new regulations - officially titled
Regulations amending the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements), No. 2 - push back the timelines for reporting a cost-utility analysis prepared by a publicly funded Canadian organization under new section 4.1(4) and estimated maximum use of the medicine under new section 4.2(4) by
six months. Similarly, section 4.4 will require the Board to consider excessive pricing based on the three new pharmacoeconomic factors for sales in Canada after