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Page 12 September 25, 2017 • Law timeS www.lawtimesnews.com FOCUS Medico/Legal Your case is too important. You deserve the right EXPERT WITNESS. We offer unparallelled expertise for your most catastrophic injury cases. Direct access to hundreds of specialists from all areas of healthcare expertise. A top provider of cost of care reports for your most catastrophically injured clients. More than 2,000 malpractice, personal injury and class action cases. More than 300 lawyer clients assisted. Serving lawyers across Canada. Also, the United States, United Kingdom, Australia and Caribbean. LEARN MORE: CONNECTMLX.COM EXPERTS@CONNECTMLX.COM TOLL FREE: 855-278-9273 Since 2001, we've become a leader in Expert Witness Services in Canada. onnect Medical_LT_June12_17.indd 1 2017-06-06 1:07 PM with most of the rest of the world," she says, noting that key jurisdictions, such as the Euro- pean Union, do not require use as a prerequisite for trademark registration. Although she expects some short-term cluttering, Vaccari says classification-based pricing will serve as a pressure valve, forcing brand owners to focus their trademark applications to keep the price down. "Dropping the use require- ment complicates things for now, but, ultimately, it will resolve it- self in a few years," she says. According to Vaccari, the amendments also provide addi- tional tools that will help tackle potential misuse of the applica- tion process by trolls. When they take effect, they will add a new ground of op- position to s. 38(2) of the Trade- marks Act, allowing registra- tions to be challenged where the applicant was not using and did not intend to use the mark in as- sociation with a specified good or service at the time it was filed. "Oppositions are going to increase, and that's something they have seen in Europe, too. Some squatters are going to be trolls who see it as an opportu- nity to make money, but I'm not sure how successful they will be," Vaccari says. But Rowden says even those tools could bring "many years of uncertainty" as cases work their way through the courts. "Showing an intent to use a trademark is a devilishly diffi- cult thing to do. I think we will need to establish some case law, but it's going to take some time to put together a body of juris- prudence," she says. Either way, she says Cana- dian companies will have to develop defensive techniques that weren't really needed in this country before to protect their trademarks. "They may find it prudent to effectively build a wall around themselves, so that the onus is shifted to other parties who want to challenge their marks," Rowden says. Vaccari also expects the changes to spark an inf lux of third-party trademark watch ser- vices into the Canadian market. "They monitor marks and advise registrants when some- body else has applied for some- thing similar," she says. "Brand owners are already investing in these services, but once the leg- islation is implemented, there's going to be a lot more joining them. And global companies [that] already employ them will be adding Canada under their jurisdictional umbrella." LT something that is concerning to companies," she says. According to McMahon, the focus on lowering drug prices could turn the regulations into an international issue due to the upcoming renegotiation of the North American Free Trade Agreement. With much of the research and development into innova- tive drugs going on in the U.S., she says discontent may grow if Canadian drug price ceilings come down even further below American levels. "You can imagine President Trump complaining about Americans innovating and pay- ing their way while other coun- tries don't," she says. Lainson says it makes more sense to include the U.S. in the comparison basket than some of the new arrivals, which in- clude Australia, Belgium, the Netherlands and South Korea. "When it comes to patenting, Canada's regime is much more consistent with the U.S. than other jurisdictions," she says. "We have a patent linkage system that is quite similar and new patent term extensions that provide more parallels with the U.S." Health Canada's proposals also suggested expanding the criteria the board will take into account when determining an excessive drug price. While traditionally the regulations focused on supply- side factors such as the costs of making and marketing drugs, the agency wants to expand its focus to the demand side of the equation. That would mean the PM- PRB can look at three new areas in reaching its determination: a cost-benefit analysis of a par- ticular drug to patients; the size of the market for the drug here and abroad; and Canada's GDP. Nicholas says the new factors "make a lot of sense" to him, al- though he's skeptical on the in- clusion of Canada's GDP. "It's a bit of a crude economic indicator, so I wonder how use- ful it would be," he says. Lainson's concern is that the focus on demand risks intrud- ing on the provincial jurisdic- tion over reimbursement pric- ing when drugs actually come to market in Canada. "Those processes already include a number of these con- siderations, including various pharmacoeconomic factors," she says. LT Continued from page 10 Demise is 'huge' Could introduce uncertainty Continued from page 11 Eileen McMahon says discontent may grow if Canadian drug price ceilings come down even further below American levels. www.twitter.com/lawtimes Follow on Founding Partner Bronze Sponsor Hosted in Partnership with November 16, 2017 | 5:30 p.m. Fairmont Royal York, Toronto Presented by Lexpert, the prestigious Rising Stars Awards Gala honours winners from across Canada and welcomes law firm and in-house leaders and distinguished guests to celebrate and network with others who are at the top of the legal profession. Join us on November 16 , 2017, for this gala at the Fairmont Royal York in Toronto. Sponsorship packages include: Show your support and connect with the community today. For sponsorship opportunities, contact us at 416.649.8841 or MediaSolutions.Sales@ thomsonreuters.com • Up to 5.6 million media impressions • Tables at our exclusive gala, with over 350 attendees • Advertising in leading legal publications and newswires • The ability to present awards Untitled-6 1 2017-09-20 10:46 AM

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