Skip to main content
This website uses cookies. By continuing to use this website you are agreeing to our use of cookies as described in our privacy policy.

Fasken Martineau and FICPI take the Stand at the Supreme Court of Canada to Improve Canadian Patent Law

Reading Time 1 minute read

Intellectual Property Bulletin

On Tuesday, the Supreme Court of Canada heard oral arguments in AstraZeneca v Apotex and reserved its decision in a case that raises the propriety of the Canadian Federal Courts' "promise doctrine."‎

The Court heard submissions from the parties, as well as of four of seven interveners (Innovative Medicines Canada and BIOTECanada (jointly), the International Federation of Intellectual Property Attorneys (FICPI), and the Centre for Intellectual Property Policy (CIPP). Written submissions had also been filed by the Canadian Generic Pharmaceutical Association (CGPA), the Intellectual Property Owners Association (IPO) and the Intellectual Property Institute of Canada (IPIC).

Representing the International Federation of Intellectual Property Attorneys (FICPI) were Fasken Martineau's Julie Desrosiers and Kang Lee, who made submissions saying how the promise doctrine and ensuing heightened utility requirement in Canada are a source of great concern for FICPI and other stakeholders. A  low threshold for patent utility was then proposed to the Court – one that is consistent with the standard adopted by Canada's major trading partners. 


    Receive email updates from our team