Advocacy

A strong intellectual property framework is essential for advancing innovation. IMC advocates for policies that ensure Canadian patients and researchers benefit from a globally competitive IP environment, including:

• A modern Patent Act aligned with international standards
• Balanced, predictable patented medicines regulations that support innovation
• Robust data protection for all innovative medicines
• Clear, focused regulations that limit the PMPRB’s mandate appropriately and ensure accurate measurement of industry investment in Canada

Comprehensive Economic and Trade Agreement (CETA) strengthened Canada’s IP framework through several key enhancements:

• Patent term restoration – via Certificates of Supplementary Protection (CSPs), allowing companies to recoup up to two years of patent time lost to regulatory delays.
  
• The right of appeal – giving innovators the same ability as challengers to appeal court decisions on patent validity.
  
• Patented Medicines Notice of Compliance (NOC) Regulations – preventing early generic entry during the ongoing patent litigation for up to 24 months

These reforms brought Canada closer to international norms and positioned the country more competitively on the global life sciences stage.

While early drafts of Canada-United States-Mexico Agreement (CUSMA) proposed significant improvements to Canada’s IP protections, the final agreement removed enhanced data protection for biologics. However, CUSMA still requires Canada to implement Patent Term Adjustment (PTA) to address unreasonable delays in patent examinations.

The federal government has not yet updated its legislation to meet this obligation, which must be fulfilled by January 1, 2025.

For further background on Canada’s IP environment:

Global Innovation Policy Centre’s 2021 International IP Index
U.S. Trade Representative 2021 Special 301 Report