An Emerging Intellectual Property Paradigm

An Emerging Intellectual Property Paradigm

Perspectives from Canada

Queen Mary Studies in Intellectual Property series

Edited by Ysolde Gendreau

This book brings together contributions from reputed experts on Canadian intellectual property law which highlight its special features. Situated at the crossroads between legal traditions in Europe and the United States, Canada’s intellectual property laws blend various elements from these regions and can offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyrights, covering both historical and contemporary developments. They are designed to bring perspective and reflection upon what has become in recent years a very rich intellectual property environment.

Chapter 5: Canadian Pharmaceutical Patent Policy: International Constraints and Domestic Priorities

Mélanie Bourassa Forcier and Jean-Frédéric Morin

Subjects: law - academic, intellectual property law


1 Mélanie Bourassa Forcier and Jean-Frédéric Morin2 INTRODUCTION This chapter addresses the Canadian pharmaceutical patent policy (hereinafter ‘patent policy’) and underscores the aspects of this policy that demonstrate Canada’s continuing effort to promote pharmaceutical R&D and consumer access to new medicines. In order to ensure that our study has worldwide appeal, we have adopted a comparative approach towards Canadian patent policy and policies of other countries. It is often believed that Canada is in a delicate position for adopting a strongly different patent policy from the United States (‘US’). It is true that the Canadian economy is greatly dependent on its southern neighbor. In 2005, 84 per cent of Canadian exports were destined for the US market and 64 per cent of foreign direct investment stock in Canada was owned by American investors.3 Additionally, the Canadian government intentionally strengthened these economic and industrial ties by signing a free trade agreement in 1988,4 followed by the North American Free Trade Agreement5 in 1992. 1 The authors wish to thank Rhonda Grintuch for her assistance and the anonymous reviewer for his/her helpful comments. 2 Mélanie Bourassa Forcier is researcher at the Centre for Intellectual Property Policy at McGill University. Jean-Frédéric Morin is professor at the Université libre de Bruxelles, Science Po.; 3 Office of the Chief Economist of Foreign Affairs and International Trade Canada, Seventh Annual Report on Canada’s State of Trade (Canada: Minister of Public Works and Government Services,...

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