Forcier, Mélanie Bourassa; Morin, Jean-Frédéric --- "Canadian Pharmaceutical Patent Policy: International Constraints and Domestic Priorities" [2008] ELECD 366; in Gendreau, Ysolde (ed), "An Emerging Intellectual Property Paradigm" (Edward Elgar Publishing, 2008)

Book Title: An Emerging Intellectual Property Paradigm

Editor(s): Gendreau, Ysolde

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205971

Section: Chapter 5

Section Title: Canadian Pharmaceutical Patent Policy: International Constraints and Domestic Priorities

Author(s): Forcier, Mélanie Bourassa; Morin, Jean-Frédéric

Number of pages: 24

Extract:

5. Canadian pharmaceutical patent
policy: international constraints and
domestic priorities1
Mélanie Bourassa Forcier and Jean-Frédéric
Morin2

INTRODUCTION
This chapter addresses the Canadian pharmaceutical patent policy (hereinafter
`patent policy') and underscores the aspects of this policy that demonstrate
Canada's continuing effort to promote pharmaceutical R&D and consumer
access to new medicines.
In order to ensure that our study has worldwide appeal, we have adopted a
comparative approach towards Canadian patent policy and policies of other
countries. It is often believed that Canada is in a delicate position for adopting
a strongly different patent policy from the United States (`US'). It is true that
the Canadian economy is greatly dependent on its southern neighbor. In 2005,
84 per cent of Canadian exports were destined for the US market and 64 per
cent of foreign direct investment stock in Canada was owned by American
investors.3 Additionally, the Canadian government intentionally strengthened
these economic and industrial ties by signing a free trade agreement in 1988,4
followed by the North American Free Trade Agreement5 in 1992.
1 The authors wish to thank Rhonda Grintuch for her assistance and the anony-
mous reviewer for his/her helpful comments.
2 Mélanie Bourassa Forcier is researcher at the Centre for Intellectual Property
Policy at McGill University. Jean-Frédéric Morin is professor at the Université libre de
Bruxelles, Science Po. [e-mail]; [e-mail].
3 Office of the Chief Economist of Foreign Affairs and ...