Intellectual Property and Biomedical Innovation in the Context of Canadian Federalism

Abstract

This article has three parts. The first deconstructs and challenges assumptions about federal jurisdiction over intellectual property in the biomedical field by exploring the scope of Parliaments constitutional jurisdiction over patents and examining how the provinces also have a jurisdictional claim over the regulation of patented medicines and health technologies. The second part investigates a series of case studies on issues of assisted human reproduction, gene patents and diagnostic testing, pharmaceutical pricing and intergovernmental relations, data exclusivity and intergovernmental relations, and finally, subsequent entry (generic) biologics. The third part of this paper elaborates on this final conclusion by addressing possible strategies to manage complex relationships, in the context of Canadian federalism, for better regulation and governance of biomedical technology innovation.

Keywords: federal jurisdiction, intellectual property, biomedical field, patent, parliament, jurisdiction, regulation, patented medicine, health technology, medicine, health, assisted human reproduction, gene, diagnostic testing, pharmaceutical, intergovernmental, relations, data exclusivity, biomedical