Category: Life Sciences

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Superior Court of Québec Confirms Validity of Percentage Royalties Paid by Pharmacist-Owners to Franchisor

March 8, 2017

The Superior Court of Québec (Court), presided by Justice M. Monast, recently ruled on an important point of contention for franchise pharmacies, by confirming the validity of a percentage royalty clause contained in a contract between a pharmacist-owner and his franchisor. The decision confirms the validity of the business model recommended by a number of franchisors, for both pharmacists and…

Patenting in Canada: Do These Genes Fit?

October 27, 2016

The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic sequences associated with diseases and creating tests to screen for them are unquestionably valuable scientific innovations. Due to the challenge and expense of pinpointing…

Legal Issues and Trends for the Life Sciences Industry

September 20, 2016

Blakes hosted a special half-day program focusing on the life sciences industry. The program included updates on legal developments and trends as well as strategies to identify and minimize common risks. Topics included regulation of biosimilars, environmental law, responding to freedom of information requests, challenging the regulators, procurement, preventing cybersecurity breaches, and commercial issues — all with a focus on…

Time to Prescribe a Dose of Social Media?

January 6, 2016

Blakes hosted a special full-day program focused on the life sciences industry. Videos on a variety of topics discussed at the seminar are now available. Many industries have jumped on the social media bandwagon, but pharmaceutical companies seem to be lagging behind.  Alice Tseng, a Partner in the Intellectual Property group at Blake, Cassels & Graydon LLP, attributes their hesitation mainly…

Canadian Court Nixes Class Action for Patent Abuse

December 16, 2015

The British Columbia Court of Appeal (BCCA), in Low v. Pfizer Canada Inc., has held that Canada’s Patent Act provides a complete code that forecloses civil actions by consumers centred on breaches of the statute. BACKGROUND The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging…

Prescription for Law: The World of Pharmaceuticals and Medical Devices

October 28, 2015

Blakes hosted a special full-day program focused on the life sciences industry. The program will included updates on legal developments and trends as well as strategies to identify and minimize common risks. Topics included privacy, cybersecurity, personalized medicine, litigation risk management, Bill C-17and transparency measures, competition issues in IP, procurement, anti-corruption and integrity, patient group relationships and social media, all…

Canadian Government to Ban Microbeads in Personal Care Products

August 24, 2015

  The Canadian government has published a proposed Order to add plastic microbeads to the Toxic Substances List and has announced it is developing regulations to ban their use.     Microbeads are synthetic polymer particles manufactured to be larger than 0.1 micrometer and smaller than or equal to five millimeters and are commonly used in personal care products such as…

B.C. Court Finds Methodology to Prove Causation is Required to Certify Pharmaceutical Class Actions

February 4, 2015

  INTRODUCTION   On January 22, 2015, the British Columbia Court of Appeal set aside certification of a class action against Apotex Inc. and Abbott Laboratories Ltd. in Charlton v. Abbott Laboratories Ltd. (Charlton), in which the plaintiffs allege that the medicine sibutramine (sold under the brand name Meridia by Abbott), an antidepressant that is also used for weight loss,…

Recall, Report, Relabel: Bill C-17 Increases Oversight of Drugs and Medical Devices

November 10, 2014

  Bill C-17, An Act to Amend the Food and Drugs Act (Bill), received royal assent on November 6, 2014. The Bill applies to medical devices and prescription and over-the-counter drugs (collectively, therapeutic products), but does not apply to natural health products.   The Bill grants the Minister of Health (Minister) substantial new powers, including the power to order recalls,…

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