On 11 July 2018 Health Canada released the Therapeutic Products Directorate Statistical Report 2017/2018, which provided an overview of its administration of the Patented Medicines (Notice of Compliance) (PMNOC) Regulations and data protection regime.

Among other things, the report includes information regarding trends in listing on the Patent Register and related court activity. The report shows a downward trend of new patents being added to the Patent Register (606 in 2017 to 2018 compared with 769 in 2016 to 2017), along with an increase in the number of rejections (120 in 2017 to 2018 compared with 74 in 2016 to 2017).

The number of prohibition applications commenced as a result of notices of allegations served prior to the amendments to the PMNOC Regulations coming into force on 21 September 2017 increased from 32 in 2016 to 2017 to 41 in 2017 to 2018. Further, 12 actions were reported to have been commenced following the implementation of the amended regulations (as of 31 March 2018).

For further information on this topic please contact Andrew Mandlsohn at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email (aemandlsohn@smart-biggar.ca). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.

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