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CETA text released: Patent term restoration for pharmaceutical/biologic patents coming to Canada
by Daphne Lainson and Nancy Pei
As reported in the IP Update, Text of CETA released, the text of CETA was released on September 26, 2014. As reported in that article, CETA, Chapter 22 in particular, includes provisions specifically impacting pharmaceuticals/biologics in three areas: (i) patent term restoration (PTR); (ii) innovator right of appeal under the Patented Medicines (Notice of Compliance) Regulations; and (iii) data protection. See also our November 14, 2013 article: Comprehensive Economic and Trade Agreement between Canada and Europe to result in greater protection for pharmaceutical patentees.
This article provides more details regarding the patent term restoration provision, Article 9.2, entitled Sui Generis [Latin for “unique”] protection for Pharmaceuticals.
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