| Compiled by Shawn Lawrence
CETA REPORT
Special Report
CETA and opportunities for Canada’s life science industry
O
n October 30, 2016, after seven years of negotiations, Canada and the European Union (EU) officially signed off on the Comprehensive Economic and Trade Agreement (CETA). With the ink barely dry, the Canadian government tabled Bill C-30 (First Reading) the following day. Its intent is to implement CETA into Canadian law sometime this year. Experts have already weighed in on the CETA, saying on a broad scale it has the potential to open up a huge market for Canadian companies by giving them advantages in exporting their products to Europe. But the question is: what does it mean for Canada’s life sciences industry? After all, it is an industry where most companies are either of the small and medium variety and often are years away from actually having products to export. Many of Canada’s leading life sciences and biopharma industry organizations have since put forth statements of support for CETA, not for opening up new markets to Canadian companies, but rather because calling it a step forward in leveling the playing field when it comes to comparing our intellectual property regime with those of other countries. Life Sciences Ontario’s Jason Field got the ball rolling with his Op-Ed piece: “CETA opens new pathways for Canadian in-
novation -- now we need to build on it.” In his piece he outlined that the agreement “continues provisions directly impacting Canada’s life sciences sector and the protection of Canadian innovation,” most notably through first, Patent Term Restoration which offers research-based pharmaceutical companies the potential to recover up to two years of time lost on their patent as a result of lengthy regulatory and government approval; and second with the Right of Appeal that will allow research-based pharmaceutical companies to more effectively appeal court decisions where a patent is ruled invalid, a process that has been available to challengers but not to patent-owners to date. And yet while most would say this is positive news, how substantial these steps are and the changes these amendments bring, is still up for debate. As such, this month, we’ve put together a special Q&A roundtable report to further discuss the implications of the CETA to Canada’s life science and biotech sectors. Taking part are representatives from three of Canada’s leading industry associations: Andrew Casey of BIOTECanada, Declan Hamill of Innovative Medicines Canada and Dr. Jason Field of Life Sciences Ontario. Rounding out our participants is Bereskin & Parr LLP’s Noel Courage to address the legal implications of the agreement. December 2016/January 2017 BIOTECHNOLOGY FOCUS 13
