Category: Life Sciences

Up in the Air: Health Canada Considers Further Restrictions for Vaping Product Advertising

February 20, 2019

Health Canada recently proposed measures to reduce the impact of vaping product advertising on youth and non-users of tobacco products. If implemented, these proposals would significantly change vaping promotional restrictions under the federal Tobacco and Vaping Products Act (TVPA). THE LANDSCAPE: VAPING IN CANADA Until recently, the sale of vaping products containing nicotine was effectively illegal in Canada. This changed…

Concordia International Corp.’s Canada Business Corporations Act Proceedings Explained

October 18, 2018

The recent restructuring proceedings of Concordia International Corp. (Concordia) demonstrate that the arrangement provisions of the Canada Business Corporations Act (CBCA) remain as a powerful tool for balance sheet restructurings in Canada. These provisions allow a company to submit a plan of arrangement for creditor and court approval in order to achieve a balance sheet restructuring in a timely and…

Legal Issues and Trends for the Life Sciences Industry

November 15, 2017

Blakes will be hosting a special half-day program focusing on the life sciences industry. The program will include updates on legal developments and trends as well as strategies to identify and minimize common risks. Topic Topics will include regulatory updates, competition law in the industry, recent changes to Quebec law, class actions, privacy issues and best practices for in-house management…

Supreme Court of Canada Promises New Utility Test for Patents

July 18, 2017

What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada (SCC) ruled that the threshold for utility is low — a mere scintilla will do. In fact, requiring anything more is not only overly…

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

April 10, 2017

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. This article discusses key pharmaceutical class actions from 2016. 

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…