"Innovation for a better tomorrow"

This general approach informs each of the specific recommendations in the Report; thus, the weakness of the general approach is an important consideration underlying the conclusion that the Report fails to make a persuasive case for any of its recommendations. [...] Rx&D reports 15,000 jobs in the branded pharmaceutical industry in Canada,6 and CGPA reports 10,000 in the generic industry.7 Any analysis of the effect of IP rights on employment cannot ignore the generic side of the ledger. [...] A central theme of the argument in the Report is that Canada’s IP laws are weak relative to the rest of the world and that therefore Canada’s IP laws should be strengthened in order to stay competitive. [...] If the patent-holder succeeds in Federal Court, the generic has a right to appeal the denial of the NOC to the Federal Court of Appeal. [...] Indeed, in finding for a generic company in a dispute related to linkage proceedings, the Supreme Court of Canada described the automatic injunction as a ―draconian‖ approach to protecting the patent-holder’s rights.25 Another advantage of the patentee in the pharmaceutical context is that they have two or more opportunities to litigate the invalidity and/or non-infringement of the same patent(s).