Malaphor: Digital Health Law in Canada

health + tech in law = mixing chalk + cheese

Is a wave of digital health patent litigation coming?

Representative drawing of Canadian Patent No. 2,233,794, entitled “ Method and apparatus for the management of medical files”

At least since the last century, the introduction of significant advances in technology is often accompanied by patent litigation. Many people will be aware of the numerous lawsuits brought in relation to computers or connectivity in the last couple of decades. However, they may not be aware that before that, there had been patent lawsuits in relationship to the incandescent light bulb, the electric steam iron and even zippers.

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Drug and medical device clinical trial information is now publicly available in Canada

Regulations made under Vanessa’s law target clinical trial information transparency for Canadian drug and medical device approvals.

On March 20, 2019, new regulations relating to clinical trial information transparency were published in the Canada Gazette, part II. There are two parts to the regulations, one part amending the Food and Drug Regulations to deal with the drug approval process, and one part amending the Medical Device Regulations, to address medical device approvals.

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‘Right to Repair’ legislation for electronic products is introduced in Ontario – could it be circumvented by anti-circumvention?

On February 21, 2019, Bill 72, Consumer Protection Amendment Act (Right to Repair Electronic Products), 2019 was proposed and carried through first reading at the Ontario Legislative Assembly. This proposed law is similar to ones that have been introduced in many states in the United States, following a movement started in 2016 (read about the origins of the Ontario bill in the article by MobileSyrup here). The movement is mainly based on the principle that one should have the right to fix their own things (electronic products) or choose the repairperson. Of course, there’s also the desire for saving money as well as to reduce waste.

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