Newsflash: Health Canada Brings Clarification

cb photo_98_4ee6a0b78e351Health Canada Brings Clarifications to the Data Protection Guidance Document
Catherine Lemay, December 2011

Health Canada recently announced that section 2.1 of its Guidance Document re: Data Protection has been amended to clarify that the prior approval of a medicinal ingredient in a drug for veterinary use will not preclude the granting of data protection for a drug for human use containing the identical medicinal ingredient or a variation thereof and vice versa.  Health Canada has not provided much rationale for its position other than its consistency with the policy intent underlying the 2006 amendments to the data protection provisions and the 1999 Federal Court of Appeal decision in Bayer Inc. v. Canada (Attorney General), 84 C.P.R. (3d) 129, aff’d 87 C.P.R. (3d) 293 which was rendered under the old data protection regime. 

For more information regarding data protection and other exclusivities in Canada, please do not hesitate to This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Submit to DiggSubmit to FacebookSubmit to Google BookmarksSubmit to StumbleuponSubmit to TwitterSubmit to LinkedIn

cb photo 109 5616cbbea0f92

DR. KAY PALMER

Patent Agent


Kay drafts and prosecutes patents in the fields of biochemical, pharmaceutical and molecular biology.
MBM read_more_btn

 

MBM logo

About MBM

 The process of invention is complete only with the IP protection provided in law. That's where MBM comes in. We match our clients' creative thinking with the creative protection needed to achieve their goals.Read More About MBM

New MBM IP Industry Event Calendar

New MBM IP Industry Event Calendar ...Read More