16 www.lexpert.ca
Feature
HEALTH
SCIENCES IP
IS THRIVING
IT'S BEEN a tough year (and then some),
but the health sciences sector has been
thriving during the pandemic. Obtaining
and defending patents has been a critical
part of that success.
Daphne Lainson, chairwoman of Smart
& Biggar LLP, says both biopharma —
which are drugs created from biological
sources — and classic small-molecule phar-
maceuticals are strong globally and from her
firm's observation.
Innovators — pharmaceutical companies
that discover and develop new medicines —
have been very active across the board, says
Lainson, with breakthrough oncolog y treat-
ments. "e biopharma industry as a whole
is very strong and has been innovating
throughout — even though things are not
in their usual pattern."
is activity — along with expected
patented medicine pricing regime changes
and COVID-19 — is shaping intellectual
property law in the health sciences now.
What's new?
Since Health Canada has fast-tracked the
authorization process for needed medical
devices and diagnostic tools, hand sanitizers
and disinfectants to combat the spread of
COVID-19, there are new regulatory, adver-
tising and marketing regimes to navigate.
ere are also patent and trademark protec-
tions for this new environment.
"ings are moving more quickly, at least
these days, with respect to certain types of
products [for] COVID," says Marc Richard,
a partner at Gowling WLG (Canada) LLP
in Ottawa.
"Because of the speed at which these prod-
ucts are being brought to market and the
types of product . . . it's more of a challenge
to fit within how our laws are structured and
how our system works," he says.
ere is also more movement in the
psychedelic space, says Micheline Gravelle,
the life sciences practice group leader at
Bereskin & Parr LLP in Toronto.
Research continues with "magic mush-
rooms," which contain psilocybin, an agent
researchers believe could help treat drug
dependence, anxiety and mood disorders. e
THE SUCCESS OF BIOPHARMA, THE REVISED
PATENTED MEDICINE PRICING REGIME AND
THE CHANGES WROUGHT BY COVID-19 ARE
ALL SHAPING INTELLECTUAL PROPERTY LAW
IN THE HEALTH SCIENCES
