Our newly released guide shares the top ten things to know about tapping into China’s medical devices industry. The guide provides an overview of the regulatory regime for medical devices in China and the top issues that foreign investors and manufacturers should consider when entering the China market.… Continue reading
In Low v. Pfizer Canada Inc. the British Columbia Court of Appeal accepted Pfizer’s argument that the Canadian patent regulatory regime does not provide the basis for a civil action by consumers based on alleged breaches of the patent regime. The Court found, in relation to a claim pertaining to Pfizer’s Viagra, that the patent … Continue reading
As part of the Australian Government’s digital health agenda, the Health Legislation Amendment (eHealth) Act 2015 (the Act) has recently been assented to. The personally controlled electronic health record (PCEHR) system was launched in July 2012. eHealth records are an online summary of an individuals’ health information. The individual controls what is included in the … Continue reading
Just as telematics has been supplementing motor vehicle insurance underwriting, Australia’s health and life insurance markets are embracing innovative technologies in the form of “wearables”.… Continue reading
What it means: The Commonwealth’s desire to pursue damages pursuant to the usual undertaking seems firmly entrenched. Pharmaceutical patent holders need to consider this prior to commencing infringement actions. The Commonwealth seems to be guarded regarding the potential success of its two initial claims against originators. The Commonwealth of Australia’s ongoing battle with originator pharma … Continue reading
The Australian Federal Treasurer, Joe Hockey, recently announced that there will be an inquiry into Australia’s intellectual property arrangements. The inquiry, to be conducted by the Productivity Commission, the Australian Government’s independent research and advisory body, will examine the balance between promoting competition and protecting intellectual property in Australia, taking into account our international trade … Continue reading
Germany is currently undergoing substantial legislative changes in the healthcare sector. While the current Government had announced these reforms already in its coalition agreement 2013, it is only now beginning to act on them. Although not part of an overall masterplan, the various elements aim towards building a more compliant, digitalized and patient-focused German healthcare … Continue reading
Corrupt pharmacists, physiotherapists, doctors and care workers could face up to five years imprisonment if found guilty of corruption or bribery, according to a new law being introduced by the German government. This week, German Chancellor Angela Merkel’s Cabinet signed off on the anti-corruption plan presented by the German Justice Minister. Some commentators say that … Continue reading
We recently released our 2015 litigation trends annual survey, the 11th overall and the most extensive in its history. More than 800 corporate counsel representing companies across 26 countries were polled on disputes-related issues and concerns. Click here to read our press release, and click here to see Law360’s extensive coverage. Survey respondents – primarily … Continue reading
Two recent joint ventures demonstrate potential opportunities for health care providers to expand into the Chinese market. The first venture involves Raffles Medical Group, a large Singapore-based health care provider, collaborating with Shanghai LuJiaZui (Group) Co, Ltd., a China real estate developer, to build a 400-bed, full-service hospital in the New Bund International Business District … Continue reading
China recently announced a new five year road-map for reform of its healthcare sector. The National Planning Guideline for the Healthcare Service System (2015–2020) is the first comprehensive five-year blueprint targeting keys areas for development by 2020. Faced with the challenge of insufficient resources and poor quality of service in the sector, the reform of … Continue reading
Earlier this year, the Chinese government introduced further regulations setting out a framework for private investment in senior care. With the 60 and over population in China expected to reach 300 million by 2025, senior care is becoming a pressing issue as demand in China increases. Investors interested in China’s senior care market can learn … Continue reading
The issue of reforming class actions for pharmaceutical claims is highlighted in this opinion piece by Partner Toby Biddle on the Vioxx litigation. This article was originally published by Pharma In Focus and is reproduced with permission. Vioxx case highlights class action difficulties A decade of litigation over MSD’s Vioxx (rofecoxib) may prompt reform around … Continue reading
The European Food Safety Authority (EFSA)’s Panel on Biological Hazards recently published a Scientific Opinion that concluded that the risks associated with drinking raw milk need to be better communicated to consumers. Tasked with identifying the risks associated with drinking unpasteurized, or raw, milk, the panel concluded that there are “clear links” between consumption of raw milk … Continue reading
The Chinese government recently announced guidelines for the easing of market access barriers in a number of industries. The medical and healthcare industry has been identified as one of these key sectors. The new regulations aim to encourage more private and foreign investment to further develop the country’s healthcare infrastructure. Starting 1 January 2015, the government will … Continue reading
The possible introduction of a United States-type False Claims Act (FCA) in Australia will see a sharp increase in allegations of fraudulent conduct in many industries, particularly for those in the pharmaceutical industry. The cost of fraud to the public purse arising from fraud is well documented. Many of the large-scale cases of fraud successfully … Continue reading
The Agricultural Growth Act (Bill C-18) was recently passed by Canada’s House of Commons and is now in its final stages of becoming law. It has passed second reading in the Senate and was referred to the Senate Standing Committee on Agriculture and Forestry on December 9, 2014. The final stages will be for the … Continue reading
Tim Hortons Inc. has agreed to be purchased by Burger King Worldwide, Inc., which would create the third-largest fast food company in the world with estimated combined sales around $23 billion USD and restaurants in 100 countries (reported here). The merger would provide Tim Hortons with expansion opportunities into new markets. As part of the … Continue reading
In early December 2014, an outbreak of H5N2 strain of avian influenza was found in BC. To date, eight chicken and turkey farms have been affected, and more than 140,000 turkeys and chickens are to be euthanized. The outbreak marks the fourth of such kind at Canadian farms. The scale to date is smaller when … Continue reading
On December 2, a coalition of 207 organizations representing a broad segment of the United States economy, including farm, ranch, consumer, and manufacturing interests, delivered a letter to the Senate, urging Senate leaders to continue supporting the United States country of origin labeling (“COOL”) law, despite continued attack by the Canadian and Mexican governments at … Continue reading
At the Asia-Pacific Economic Cooperation (APEC) summit in Beijing in November, the US and China agreed for a trade pact to eliminate global tariffs on high-tech goods including medical equipment. This is a major breakthrough in negotiations over the update in the World Trade Organisations’ 1996 Information Technology Agreement (ITA). It is anticipated that an expanded … Continue reading
On November 14, 2014, Canada’s Minister of Health announced her intention to issue a marketing authorization permitting certain gluten-free claims for specially produced oats. Whether or not oats that do not contain gluten from wheat, rye, barley, (or hybridized strains), could claim to be “gluten-free” has been debated within Canada’s health and food authorities for a number … Continue reading
On November 13, 2014, Club Coffee announced that it had filed a complaint with Canada’s Competition Bureau in connection with the conduct complained of in its Ontario court proceeding (see our previous report available). Under section 9 of Canada’s Competition Act, any six persons resident in Canada (who are over the age of 18) and who … Continue reading
On November 5, 2014, the United States Department of Agriculture’s (“USDA”) Food Safety and Inspection Service (“FSIS”) issued a constituent update approving four Chinese poultry processing plants’ ability to export cooked chicken into the United States. The USDA also announced the names of the four plants that have been approved: Shandong Delicate Food Company, Ltd.; Qingyun Ruifeng … Continue reading