By Alexander Camenzind
On September 21, 2017, the Certificate of Supplementary Protection Regulations (“CSP Regulations”) came into force, providing for the first time the ability to obtain an extended period of patent protection for human and veterinary drugs in Canada. With the first anniversary of the program quickly approaching, an overview of its implementation may prove useful and highlight key information for the coming years.
Briefly, a Certificate of Supplementary Protection (“CSP”) is a form of sui generis protection for newly approved pharmaceutical products protected by an eligible patent, for a period of up to two years following expiry of the patent. The CSP Regulations were implemented in accordance with Canada’s obligations under the Canada- European Union Comprehensive Economic and Trade Agreement (“CETA”), and were intended to align with Europe’s existing Supplemental Protection Certificate system.