Comparative analysis of canadian ‘certificate of supplementary protection’ with USA and Australian ‘patent term extension’ and European ‘supplementary protection certificate’

Archna Roy, Mayur Kardile, Manthan Janodia

Research output: Contribution to journalArticle

Abstract

As a result of Comprehensive Economic and Trade Agreement (CETA), for the first time, on 21 September 2017, Canada introduced Certificate of Supplementary Protection (CSP) regime. Before CETA was executed, Canada was the only country of G7 (Group of 7) countries not to legislate Patent Term Extension (PTE). This new regime is an important moment for the Canada’s intellectual property (IP) framework. On one hand, this regime provides an opportunity to innovators of pharmaceutical and veterinary products to recover investments made to obtain marketing authorizations for medicinal products, and on other hand, it impacts the timing of entry of generic products in the Canadian market. This article provides comprehensive information regarding the Canadian CSP and its comparative analysis with United States of America and Australian PTE and European Supplementary Protection Certificate (SPC).

Original languageEnglish
Pages (from-to)167-173
Number of pages7
JournalJournal of Intellectual Property Rights
Volume23
Issue number4-5
Publication statusPublished - 01-07-2018

All Science Journal Classification (ASJC) codes

  • Law

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