On September 21, 2017, the Comprehensive Economic and Trade Agreement (CETA) signed between the European Union (EU) and Canada provisionally entered into force in Canada. Among other things, this agreement seeks to harmonize laws relating to protection of intellectual property in the EU and Canada, thereby bringing about a number of changes in Canadian patent law, particularly with respect to laws relating to the issuance of patents covering pharmaceutical products. One of the biggest changes is the implementation of a Certificate of Supplementary Protection (CSP) Regime in Canada for pharmaceutical products that have been granted regulatory approval.
This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has changed.
The UK has only voted on whether to leave the EU. The UK has not actually left the EU, nor is any such departure likely for at least two years from the date the UK officially notifies the EU of its plan to withdraw. Modifications to any IP laws will come only through terms of the Brexit negotiated between the UK and the EU in the coming months and years.
In the meantime, we can predict and highlight potential impacts that could result from a UK exit from the European Union.