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Canadian Life Science Law Blog Round-Up - April 2017

Published: 04/10/2017

By Cameron A. Mingay, A. Chandimal Nicholas, Steven Kennedy, Jonathan Sherman, Jacqueline Richards

In This Issue

  1. Exporting Cannabis from Canada
  2. Mandatory Reporting of Drug Shortages and Discontinuances
  3. Judge Phelan’s Comments for the Pharmaceutical Industry: Apotex Inc. v Canada (Minister of Health)
  4. Eli Lilly and Company v Government of Canada: Solidifying the Sovereignty of Canadian Courts
  5. February 2017 Deal Round-Up

Exporting Cannabis from Canada

By Jonathan Sherman

A Licensed Producer (LP) can obtain a permit from the federal Minister of Health to export cannabis internationally from Canada to a single and specified importer. While export permits can currently only be used to export cannabis for medical purposes, some LPs are committing considerable resources on their international exportation efforts because of the current and potential future international opportunities within the global cannabis market.

Read more about exporting cannabis from Canada.

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Mandatory Reporting of Drug Shortages and Discontinuances

As of March 14 2017, regulatory amendments implementing certain drug supply reporting requirements have come into force in Canada.  Although industry had established its own voluntary reporting system and website for this purpose in 2012, the newly implemented regulatory changes make such reporting mandatory and establish a new website.

Read more mandatory reporting of drug shortages and discontinuances.

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Judge Phelan’s Comments for the Pharmaceutical Industry: Apotex Inc. v Canada (Minister of Health)

By A. Chandimal Nicholas

In Apotex Inc. v Canada (Minister of Health) (“Apotex”), the Federal Court (the “Court”) provided some guidance with respect to the procedure pharmaceutical companies should undertake to obtain a Notice of Compliance (“NOC”).

Read more about Judge Phelan’s Comments for the Pharmaceutical Industry.

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Eli Lilly and Company v Government of Canada: Solidifying the Sovereignty of Canadian Courts

By A. Chandimal Nicholas

Recently, a Chapter 11 NAFTA tribunal (the “Tribunal”) decided not to interfere with the Canadian Courts’ treatment of utility in the context of patent law. The Tribunal noted that Canadian patent law had not experienced a dramatic shift through the Canadian Courts’ treatment of utility, and that the application of utility in Canada was neither arbitrary nor discriminatory.

Read about solidifying the sovereignty of Canadian courts.

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February 2017 Deal Round-Up

By Cameron A. Mingay

The following is a selection of major deals in the life science space that closed or were announced as closed in February 2017.

Read more about these deals.

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