The September 21, 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations (see our article here) introduced a new scheme for pharmaceutical patent linkage litigation in Canada. That scheme is now much closer to the US Hatch-Waxman scheme, but with remaining key differences, as shown in the chart below. A special thank you to Brian Coggio of Fish & Richardson for contributing the Hatch-Waxman details.
![CANADA’S NEW LINKAGE LITIGATION SCHEME: A COMPARISON TO HATCH-WAXMAN](/images/default-source/rx-update/hatch-waxman.jpg?sfvrsn=fb62c8b_1)
*revised August 2023.
Related Publications & Articles
-
Update on biosimilars in Canada – March 2024
In this article, we provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, and market access).Read More -
Federal Court of Appeal upholds invalidity of Lilly’s CIALIS patent extending to “physiologically acceptable salt”
The Federal Court of Appeal dismissed an appeal by Lilly from a decision of the Federal Court which had granted a motion for summary trial brought by Teva, Pharmascience, Laboratoire Riva, Apotex and ...Read More -
2024 mid-year highlights in Canadian life sciences IP and regulatory law
In the first half of 2024, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories ...Read More