EU Pharma companies set to benefit from Canadian trade deal
Canada will liberalise its patent protection rules in the Comprehensive Economic and Trade Agreement (CETA)
European Union (EU) pharma companies are set to benefit from a new free trade deal struck between the EU and Canada, with Canada liberalising its patent protection rules. Once the Comprehensive Economic and Trade Agreement (CETA) has been ratified (probably in 2015), Canada will lock its practice of providing eight years’ market exclusivity, with a six-year block on applications for generic drugs, and a two-year ‘no-marketing’ period when generic manufacturers can prepare medicines for sale.
Canada will also offer weaker additional (sui generis) protection for pharmaceutical products protected by patents than is available in the EU. This protection will never exceed two years in Canada, but will be up to five years in Europe.
Richard Bergström, Director General of the European Federation of Pharmaceutical Industries and Associations (EFPIA), said: 'The agreement will bring Canadian life sciences standards closer to those applicable in the EU. We understand and agree that the improved IP measure should not limit the export of generic medicines to developing countries.'
And the European Commission claimed CETA 'will create more of a level playing field between Canada and the EU', forcing reforms in Canada regarding pharmaceuticals.
The deal will also lead to all existing non-food duties imposed on goods traded between the parties being scrapped.