Post on 18-Jan-2016
Protection of Intellectual Property in Canada
George Jackowski, Ph.D., KCTJ
October 19th, 2015
Chairman of NAVA Corp.
PROTECTION OF INTELLECTUAL PROPERTY IN CANADA
• In Canada like Poland, we do not have any homegrown global multinational pharmaceutical companies
• We have strong homegrown global generic companies
→ E.g. Apotex – who are more interested in patent litigation and nullifying patents
• Many Canadian companies are acquired by global multinational pharmaceutical companies (GMNPC) or license out their technologies to GMNPC’s
• Many GMNPC’s have offices supporting their local sales people, marketing, clinical support, have limited R&D and manufacturing, and tend to significantly utilize FDA approved Contract Manufacturing Organizations (CMO)
2
PROTECTION OF INTELLECTUAL PROPERTY IN CANADA
• GMNPC’s have worldwide patents with issued Canadian patents protecting the product, indication, distribution and manufacturing
• Health Canada is very well respected globally and is recognized for its thoroughness & safety of clinical trials, approval process and oversight – hence Canadian approved pharmaceuticals and therapeutics are accepted worldwide
3
PROTECTION OF INTELLECTUAL PROPERTY IN CANADA
• The drivers for global commercialization of products are:
→ US patents & US trademarks
→ US Federal Drug Administration (FDA) approvals
• Creating a worldwide market for healthcare products and technologies involves filing intellectual property in: USA, Europe, Japan and Canada (local jurisdiction)
4
PROTECTION OF INTELLECTUAL PROPERTY IN CANADA
• Patent system is expensive, but is excellent for parties (academics and start-ups) with little access to capital who have great ideas
• Science behind biotech patents today is less about entirely novel breakthroughs (less than 1%) BREAKTHROUGH PRODUCTS and more about the clever combination and extension of existing ideas INNOVATIVE PRODUCTS
• Protection for 20 years from date of filing
5
PROTECTION OF INTELLECTUAL PROPERTY IN CANADA
Our Patent Strategy:
6
US Provisional Patent Filing
PCT Filing – European Search Authority
US CIP Filing
US Patent Issued
Patent Prosecution Highway (PPH) – Expedite Review Process
European Patent Issued
7
Thank you
Dziękuję bardzo