E-TIPS

As previously reported in E-TIPS®, political pressure has been growing to move towards lower pricing of generic drugs in Canada ("National Pharmaceuticals Strategy Report: Concern about Generic Drug Prices in Canada", October 11, 2006, Vol 5, No 8), with the Ontario Government already having taken action via the enactment of Bill 102 to revise the basis for reimbursement and drug interchangeability within Ontario's drug plan ("Generic Manufacturers Call for Review of Ontario Regulations Reducing Drug Prices", October 25, 2006, Vol 5, No 9).

In Apotex Inc v AstraZeneca Canada Inc et al, 2006 SCC 49, the Supreme Court of Canada has held that there are limits to "evergreening" within the complex process of determining when a generic drug manufacturer is able to manufacture and sell a "copycat" drug.

By deciding to hear the patent infringement case Microsoft v AT&T, the US Supreme Court has set the stage for a possible outcome that could extend the reach of US patent law to include foreign activities.

The loss or theft of computers containing sensitive data has cost governments and corporations millions of dollars. Spurred by such events, the world's largest hard drive manufacturer, Seagate Technology LLC (Seagate), has turned the security spotlight away from the conventional solutions, which employ software and firewalls, to the use of automatic encryption in hard drives.

In a recent ruling, the US Federal Trade Commission (FTC) has set a higher standard for behaviour among participants in industry standard-setting.

On October 18, 2006, the Government of Canada published the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations (PM (NOC) Regulations) and the Regulations Amending the Food and Drug Regulations (Data Protection) (Data Protection Regulations).

India must do more to protect data security or risk future growth in business process outsourcing, according to a report by an influential Indian trade body.

It was previously reported that Federal and Provincial governments would likely begin to exert downwards pressure on the prices of generic drugs (see E-TIPS®, "National Pharmaceuticals Strategy Report: Concern about Generic Drug Prices in Canada" Vol 5, No 8, October 11, 2006). On October 1, 2006, such pressures were exerted in the province of Ontario when a number of amendments to the Regulations under the Ontario Drug Benefit Act (ODBA) and the Drug Interchangeability and Dispensing Fee Act (DIDFA) came into effect. These two statutes govern public drug reimbursement and interchangeability of drugs in Ontario.

© 2006, Deeth Williams Wall LLP. All Rights Reserved. By: Nicholas J. Wong (October 25, 2006) On October 18, 2006, the Government of Canada published the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations (PM (NOC) Regulations) and the Regulations Amending the Food and Drug Regulations (Date Protection) (Data Protection Regulations). They came into force on October 5, 2006.

In response to the ban on Internet gambling passed by the US Congress on September 30, 2006, the Costa Rica-based PokerStars.com said that the ban would not apply to poker because it is a game of skill.

The US Supreme Court recently began hearing oral arguments in MedImmune Inc v Genentech Inc et al, a case which will determine whether a licensee (MedImmune) has standing to bring an action to invalidate a licensor's (Genentech) patent. A US constitutional requirement for patent litigation demands that there be a "justiciable controversy". The Supreme Court must decide if such a controversy can exist when the parties have entered into a licensing agreement involving the allegedly invalid patent.

According to an e-mail emanating from the US Department of Homeland Security (Department) to Congressional staff, the Department has decided to stop confiscating prescription drugs sent through the mail from Canada, citing pressure from Congress.

Newspaper publishers are not entitled to republish freelance articles in electronic databases without compensation to the authors and without their consent, according to Canada's highest court.

In a recent decision, the Canadian Copyright Board (Board) has ruled that downloadable ringtones are subject to copyright royalties.

US Congress has passed legislation to hinder Internet gambling by making it illegal for gambling sites to accept payment in the form of credit, electronic funds transfer, or cheque from US residents. The bill also forces financial institutions "to identify and block or otherwise prevent or prohibit restricted transactions through the establishment of [effective] policies and procedures". The bill has been sent to the President for signature. Although there have been numerous previous attempts to legislate against online gambling, this is the first bill to pass both the US House of Representatives and the Senate.

Provincial and Territorial governments released the National Pharmaceuticals Strategy Progress Report (Progress Report) on September 21, 2006. Drafted cooperatively by the federal, provincial and territorial (FPT) governments, the Progress Report recommends a multi-year strategy to improve access to drugs and ensure their affordability, and to encourage the sustainability of the public health care system. Quebec chose not to participate in the process and will maintain its own pharmacare program.

The Governor of New York State, George Pataki, recently signed into law three bills that are intended to enhance consumer protection and strengthen consumer privacy, relating to what has been commonly referred to as "identity theft".

Canada's National Research Council (NRC) and its Institute for Information Technology (NRC-IIT) have published the first results of its 3D, high resolution, colour laser examination of Leonardo da Vinci's masterpiece, Mona Lisa.

Many US states are considering enacting laws to protect their citizens from the some of the potential perils of online dating. While it is impossible to legislate an end to broken hearts, States including California, Florida, Michigan, Ohio, Virginia and Texas are looking at ways to lessen the risk a user may end up on dates with felons or those already married. New York already regulates the practice as an aspect of consumer protection law.

A State employee in Virginia has successfully grieved a disciplinary finding against him over his blogging in the workplace.