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Articles

Top 10 Patent and Regulatory Things You Need to Know when Bringing a Biopharma Product to Canada

By Nancy Pei, Principal, Alice Tseng, Principal, Toronto Office and Daphne Lainson, Principal, Ottawa Office, Smart & Biggar LLP

Canada is an attractive market for pharmaceutical manufacturers. Most Canadian consumers have some form of drug coverage through government programs and/or private insurance. Below are ten patent and regulatory topics that in-house counsel need to know before bringing an innovative product to Canada.

Editor's note: This article was updated to reflect recent developments; the original version of this article was published on December 16, 2020.

Articles

China’s New Regulations on Generative AI

By Rhys McWhirter, Frankie Tam, Sam Chen, Kenny Tam, Jamie Leung, Philip Chow, Jeff Tian (Eversheds Sutherland)

This article discusses China's new regulation on generative artificial intelligence. The new regulations are coming into light in the midst of new generative AI tools being introduced by several major Chinese technology providers.

This also marks China as one of the first countries globally that has direct government oversight over this nascent area of technology.

Articles

Strategic Considerations for ITC Investigations Given USPTO’s New Guidance on IPR/PGR Discretionary Denial

By Frank D. Liu and Andrew P. Zappia, Troutman Pepper Hamilton Sanders LLP

Under the US Patent and Trademark Office’s (USPTO) new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB practice, which had previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding. This article discusses three considerations for ITC litigants given the USPTO’s new guidance.

Sample Forms, Policies, and Contracts

Creating a Practical and Useful Due Diligence Checklist

By Antoinette F. Konski, Foley & Lardner LLP

This informative due diligence checklist provides a suggested process for gathering information, verifying facts and assessing risks associated with IP assets in a transaction.

Articles

IP Lessons Learned from the Russian Invasion of Ukraine

By Stephen Dew and Matthew Shults, Kilpatrick Townsend LLP

IP practitioners do not view themselves as typically in the crosshairs of political and national security issues. But the Russian invasion of Ukraine offers many lessons learned from the perspective of how to prepare for any future sanctions or political pressure, and what to do if such actions are taken.

Articles

Global Legal Insights to AI, Machine Learning & Big Data 2023

By Global Legal Group

In this multi-jurisdictional guide, explore an overview of key legal issues, rules and developments regarding AI, machine learning, and big data across a range of jurisdictions.

Some topics covered in this resource include a framework for understanding artificial intelligence and more.

Articles

The march to regulatory change for artificial intelligence: the commonalities between the EU and US (Eversheds Sutherland)

By Eversheds Sutherland

The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.

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