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Anderson M, Auld C, Bolton C, Gregory A, McBride J. The economic impact of Bill C91 on the cost of pharmaceuticals in Canada. Kingston, Canada, Queen's Health Policy Research Unit. Queen's University, January 1997.
Compulsory licensing for drug patents was introduced in Canada in 1923. However, in 1987, Bill C22 was passed to provide the patent holding firm with a 710 year period of market exclusivity before the entry of generic drug competition. In 1993, after the passage of Bill C91, the compulsory licensing provision was eliminated and patent protection of brand name drugs has been extended to at least 20 years. This study focuses north face jackets clearance on the economic impact of Bill C91 on the cost of pharmaceuticals in Canada. Three different scenarios are modelled using the cases of 7 or 10 years of patent protection from launch date, as provided under Bill C22, compared to a 5year extension of current patent protection (total 25 years).
Congressional Budget Office (CBO). How increased competition from generic drugs has affected prices and returns in the pharmaceutical industry. This study examines the price competition among manufacturers in the pharmaceutical market, including the impact of the dramatic growth in the generic drug industry since 1984. Such north face sale clearance competition comes in three main forms: between brandname drugs in the same therapeutic class, between brandname drugs and their generic counterparts, and between different generic versions of the same drugs. This study also analyses the changes in patent protection for brandname drugs as well as supplyside factors that have boosted generic market share, in order to assess how that competition has affected the returns from developing a drug.
Government of Canada. Information Review of the Patent Act Amendment Act, 1992 (Bill C91). February 1997. This study examines the major pieces of legislation that extend the intellectual property protection period for pharmaceuticals and the implications of these extensions. Intellectual property protection is seen as the tool that stimulates both the breakthrough and incremental innovation. This encourages companies to derive new products from compounds or drugs already patented. In the 1990s, 60% of New Drug Applications approved by FDA were for drugs containing existing active ingredients. The extension of protection incurs costs to consumers with limitation of generic competition and increasing pharmaceutical industry profits. The effect of protection on the quality as well as the quantity of innovation should be further examined.
Kanavos P. Health policy versus industrial policy in the pharmaceutical sector: the case of Canada. Health Policy, 1997, 41: 241260.
All governments face the dilemma of balancing a dual role of encouraging the pharmaceutical industry while at the same time attempting to contain the costs of pharmaceutical products. This paper analyses the tradeoff between health policy and industrial policy objectives in the Canadian policy setting. It provides a brief overview of the Canadian health system and the domestic pharmaceutical industry. It examines pharmaceutical policies at the federal and provincial level, and discusses the impact of federal health and industrial policies on the provincial objectives for pharmaceutical cost control.
Prime Institute. The cost of Bill C91: An economic impact analysis of the elimination of compulsory licensing of pharmaceuticals in Canada. Prime Institute. College of Pharmacy. University of Minnesota. January 1993.
This study was reported in 1993 before the promulgation of Bill C91 to show the possible impact if the compulsory licensing of pharmaceuticals were eliminated as the result of this legislation.
Rhein R. Patent passions run high in Canada. Scrip Magazine, April 1998, 3739.
Since the previous Government passed the controversial Bill C91, the Canadian generics industry has been campaigning for the repeal of at least some of its provisions, such as the link between a drug's notice of compliance and its patent status. However, the current Government's revisions have not lived up to the industry's expectations.
Torremans P. Compulsory licensing of pharmaceutical products in Canada.
Canada had always stood out for its special policy in relation to pharmaceutical patents until important changes took place at international level with the negotiation of NAFTA and the WTO TRIPS Agreement. Compulsory licences were at the centre of all these debates and they have attracted attention in Europe. This article investigates what pattern is to be found in all these developments and what are the advantages and disadvantages of the various regimes. It seeks to demonstrate that the new system, while perfectly acceptable in principle, can be improved on a series of points, and that experience under European law can be of assistance.
Pharmaceutical patent litigation in Canada is a burgeoning field. Since 1993, when compulsory licences as of right were abolished and the Patented Medicines (Notice of Compliance) Regulations were enacted, the opportunities for pharmaceutical patentees to enforce their rights have dramatically improved. As a result, a number of legal proceedings have been started by pharmaceutical patentees since 1993, including actions for patent infringement and court applications pursuant to NOC regulations.