A successful intellectual property strategy always complies with regulatory rules and laws
We are experts in navigating the complex Canadian regulatory environment.
In the strict and constantly changing regulatory environment for pharmaceuticals and biologics in Canada, expert regulatory and compliance advice and counselling is essential to maximize commercial opportunities while minimizing unnecessary risk.
Drawing on our extensive legal and litigation expertise in regulatory areas, we provide an integrated team approach and a level of technical depth and support for our Canadian and international clients that is unmatched in Canada.
Our lawyers have deep expertise in managing issues that arise at the pharmaceutical/biologic patent-regulatory interface. We offer our clients expert assistance and targeted advice, helping to develop and implement policies to ensure best practices. We also have extensive experience drafting submissions on proposed regulatory amendments. In addition, if necessary, our experienced litigators will pursue judicial reviews before federal, provincial and appellate courts.
We recognize the importance of coordinating patent prosecution and enforcement with regulatory and market status of pharmaceutical and biologic drug products, throughout a product’s life cycle, from early clinical development to regulatory approval to litigation and beyond.
In our regulatory and compliance practice we work with and advise clients on matters that extend to and include pharmaceuticals (small molecules), biologics, Advanced Therapeutic Products, controlled drugs and substances, medical devices, natural health products and veterinary products.
Our regulatory and compliance services include:
- Regulatory (Health Canada and provincial) and health care compliance advice
- Reimbursement, interchangeability, rebate and procurement advice
- Marketing and advertising, including programs with HCPs and patients, disease awareness initiatives, collaboration agreements, PR communications, Direct-to-Consumer advertising campaigns, and Innovative Medicines Canada (IMC) and Pharmaceutical Advertising Advisory Board (PAAB) matters
- Brand name assessments including Look-alike Sound-alike (LA/SA) Assessments of product names
- Access to Information Act and Freedom of Information and Protection of Privacy Act matters
- Regulatory due diligence
- Data protection advice and responding to eligibility rejections by the Office of Patented Medicines and Liaison (OPML)
- Patent listing under the Patented Medicines (Notice of Compliance) Regulations, including preparation of forms and responding to objections by the OPML
- Certificates of supplementary protection, including preparation of applications
- Patented Medicine Prices Review Board (PMPRB) advice
- Submissions on draft statutory and regulatory amendments
- Applications for judicial review
We assist our clients with all relevant government agencies, including:
- Health Canada
- Patented Medicine Prices Review Board
- Provincial insurers
- Regulatory colleges for health care professionals
- The Office of Patented Medicines and Liaison
We advise on all applicable legislation, including:
- The Food and Drugs Act
- Provincial reimbursement (e.g. Ontario Drug Benefit Act, Drug Interchangeability and Dispensing Fee Act)
- Laws governing health care professionals (e.g. Medicine Act, Drug and Pharmacies Regulation Act)
- Access to Information Act
- Freedom of Information and Protection of Privacy Act
Key Contacts
Unparalleled Expertise in Life Sciences Regulatory & Compliance
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Lexpert
19 Lexpert®-ranked lawyers
2022-2023Lexpert Special Edition: Technology and Health Sciences -
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Four Life Sciences leaders
2023Lexology Index: Life Sciences -
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Six Thought Leaders in Patents, Trademarks & Life Sciences
2023WWL Thought Leaders: Global Elite -
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16 leading IP experts
2022Lexology Index: Canada -
Lexology Index
17 leading IP experts
2022Lexology Index: IP -
Lexology Index
Five Life Sciences leaders
2018-2022Lexology Index: Life Sciences -
Lexology Index
Four Thought Leaders in Patents and Trademarks
2022WWL Thought Leaders: Global Elite -
Lexology Index
17 leading IP experts
2020-2021Lexology Index: Canada -
Lexology Index
17 leading IP experts
2021Lexology Index: IP -
Lexpert
Nine Lexpert®-ranked lawyers
2021Lexpert Special Edition: Health Sciences
Related Publications & Articles
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Agile licensing amendments registered
Following consultation starting in 2022, on November 29, 2024, Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Agile Licensing) were registered.Read More -
PMPRB releases new Draft Guidelines for comment
Following its Phase 2 Consultations, on December 19, 2025, the Patented Medicine Prices Review Board released its new Draft Guidelines and accompanying Overview.Read More -
Federal Court updates its Guidelines for Complex Proceedings
On November 28, 2024, the Federal Court updated its Case and Trial Management Guidelines for Complex Proceedings and Proceedings under the PM(NOC) Regulations and the accompanying Timetable Checklist ...Read More -
2023-2024 Pan-Canadian Pharmaceutical Alliance impact report
On November 22, 2024, the pan-Canadian Pharmaceutical Alliance (pCPA) released its 2023-2024 impact report.Read More -
Canada’s Drug Agency seeks input on HTA methods guide and also announces new coalition to improve medication use
HTA Methods Guide – On November 28, 2024, Canada’s Drug Agency (CDA) launched a consultation on its first-ever methods guide.Read More -
Health Canada posts 2023 to 2024 review on drug shortages
On November 20, 2024, Health Canada posted Drug shortages in Canada: Fiscal year 2023 to 2024 in review.Read More -
PMPRB releases 2023 Annual Report
On December 6, 2024, the Minister of Health tabled the 2023 Annual Report of the Patented Medicine Prices Review Board (PMPRB).Read More -
Federal Court finds patent ineligible for listing against SNDS
In Bayer Inc v Amgen Canada Inc, 2024 FC 1849, the Court granted a motion brought by Amgen for a declaration that Canadian Patent No. 3,007,276 (276 patent) was ineligible for inclusion on the Patent ...Read More
Related News & Media
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Smart & Biggar boasts 21 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2023
Smart & Biggar is proud to be featured as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2023. In total, 21 of our lawyers and patent agents have been recognized across...Read More -
BIO 2023: Connect with Smart & Biggar’s leading Canadian Life Sciences team
Smart & Biggar's leading Life Sciences team will be attending this year’s Bio International Convention in Boston, and look forward to reconnecting with colleagues and clients from around the world...Read More -
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Smart & Biggar is proud to announce that four lawyers have been named in the recent Who’s Who Legal: Life Sciences 2023 Global Guide as leaders in life sciences law.Read More -
Smart & Biggar boasts 16 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2022
Smart & Biggar is proud to be featured once again as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2022. In total, 16 of our lawyers and patent agents have been recogn...Read More -
Smart & Biggar partners recognized in the 2022 edition of IAM Strategy 300: The World’s Leading IP Strategists
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Smart & Biggar partners recognized at the 10th annual LMG Life Sciences Awards Americas 2022
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Smart & Biggar is proud to announce that we have been shortlisted for six LMG Life Sciences Awards 2022. Each award nomination recognizes Smart & Biggar’s exceptional leadership in life scien...Read More -
Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
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