The IP CoE was established as part of the National IP strategy. The team represents a significant step forward for Canada and the value the government has placed on improving the IP culture with the Canadian public and within the federal government. The focus of the IP CoE is to provide strategic IP advice to government program designs and policies, develop best practices, perform data analysis on IP trends and approaches, and promote awareness on common IP issues. I was excited and encouraged to learn the systematic approach that the IP CoE team is taking in order to promote as part of improving the IP regime in Canada.

My work with the IP CoE offered a unique experience that helped me understand the current IP issues from the Canadian government’s perspective. IP plays an important role in the success of Canadian businesses – from growing the economy and creating jobs in Canada to helping Canadian businesses establish a competitive advantage in the international marketplace. The meetings I’ve attended provided an inside look into what Canada has done and how the Canadian government plans to pursue its stated goals under the national IP strategy.

The placement experience gave further insight into how the government operates internally. Following the on September 23, 2020, I attended a series of meetings that parsed through how the contents of the speech impacted the department’s work going forward. Throughout the placement, I was also reminded that my work products will be reported to senior officials and impact IP culture in Canada. The significance of the work I was part of made the experience even more meaningful.

COVID-19 has had a large impact on all aspects of life and the IP Intensive placement was no exception. Despite this, my placement experience adapted well to the new reality. I was able to work virtually from home in Toronto with the IP CoE team residing primarily in Ottawa. We had periodic working-level meetings to keep the team updated on each of our work assignments. I was in constant communication with my supervisors as well. Although I never got to meet the team in-person or experience working and living in Ottawa, I was warmly welcomed by the team and seamlessly integrated.

Overall, I had a wonderful experience with the IP CoE and would recommend the placement to anyone interested in learning about IP from a government’s point of view. I got a glimpse of what it’s like to work for the government and met incredible people along the way. I feel strongly that this experience will serve to benefit my professional development as I pursue a career in IP law.

I want to thank everyone at ISED, especially the IP CoE team, for making my experience so memorable. I also want to take this moment to thank everyone at IP Osgoode for this unique opportunity and for all the work they put in to make the placement possible despite the COVID- 19 pandemic. IP Osgoode is best described as an opportunity that keeps on giving. My placement has offered me a part-time position, which I started in January 2021. I am very grateful to have been able to rejoin the IP CoE team this semester and continue my placement work with them.

Written by Ryan Wong, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver's 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post Experiencing IP at the National Level (IP Intensive Reflection) appeared first on IPOsgoode.

TVO operates in a fairly unique position as both a public broadcaster and an educational institution, thus exposing me to a highly diverse range of legal questions and issues. I wasn’t just dealing with the challenges of a public broadcaster, but also with those of an institution that regularly hired and supervised teachers, markers and tutors. I don’t think any other organization would have given me the chance to work on both a rights agreement with an independent producer and a contract-for-service with a prospective teacher. Both elements of the organization presented unique challenges for me to overcome.

Working with an organization that deals with such a diverse range of clients made me realize the challenge of legal writing for different audiences. One of the biggest challenges when it came to drafting standard agreements was the balance between formal legal writing as I had been taught in law school and the more ease-of-access focused writing that was the norm in everyday business. The contracts needed to be easily understood by a small independent producer or young tutor with no legal background, but also needed to be airtight enough that it wouldn’t cause major pushback from a lawyer working for a larger production company.

Learning how to tailor your writing to your audience was something I learned to employ not just with work meant for external clients but also within the TVO organization itself. In the midst of larger projects, I was often assigned smaller tasks to deal with various legal questions that would arise from within the organization. In addition to allowing me to tackle an extremely wide variety of legal areas with practical experience, these tasks also served as another reminder of how important learning to cater your legal writing to your intended audience can be, even in something as relatively minor as answering simple legal questions.

Part of the job of the legal team at a large organization like TVO is also to educate their employees and keep them up to date on anything in the legal field that might affect their operations. One of the projects I worked on was helping to create an updated FAQ on fair dealing, one that would be easily digestible for those in the organization without needing further explanation by someone from the legal team. This allowed me to bring up points that wouldn’t necessarily occur to someone without a legal background – the difference between the terms “fair dealing” and “fair use” for example, or how fair dealing is a user’s right – and explain them in layman’s term while still ensuring the concepts would be properly understood. This in turn increased my own understanding of these concepts.

The longer I spent at TVO, the more I began to learn about and ascribe to the philosophy of the - an ideal that my supervisor Mark Le Blanc has espoused. The “ T” in the “T-shaped” lawyer describes their interconnected skillset – hard legal skills form the stem of the T, and the top cross represents the more business-associated skills ranging from project management to data analysis. My experience with TVO not only let me harden my nascent legal skills by practically applying what I had learned in the classroom but also to develop the broader skills of risk management and problem solving that are not taught in law school. The most valuable part of my experience was getting the chance to see how these two skillsets intersect and allowing me to experience that intersection between law and business for myself.

��Written by Harris Khan, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post TVO: The Art of Learning (IP Intensive Reflection) appeared first on IPOsgoode.

After discovering an interest in copyright law during my 2L year, I was fortunate enough to experience how policy makers practically apply the case law to everyday situations that impact stakeholder’s livelihoods and the broader Canadian cultural sector. I learned that, while Copyright policy makers have a difficult job balancing the interest of stakeholders,�� stakeholder interests often overlap despite the breadth and specificity of the Copyright Act.

Canadian Copyright Law and Policy has a Robust Scope

While we may think of copyright in its most basic terms textbooks to songs on the radio, it is important to remember that the Copyright Act also presents a legislative framework for a complex management system. As our society becomes more dependent on technology and the global marketplace is more focused on Artificial Intelligence (AI), gaps in the Act become more apparent. All parties agree that Canada requires technologically neutral legislation to proactively address these challenges. Our industries, from scientific research institutions, to tech-start-ups to creative artists, must have access to and understand an Act that is not only compliant with our international trading obligations, but also competitive on an international scale.

Re- Thinking Copyright Stakeholders in 2020

In law school, some classes encourage students to think of copyright using the balance: a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator. Or, more accurately, to prevent someone other than the creator from appropriating whatever benefits may be generated (at para 30). Justice Binnie held that the proper balance amongst these and other public policy objectives lies not only in recognizing the creator’s rights but in giving due weight to their limited nature. In other words, it would be insufficient to overcompensate artists and authors for the right of reproduction as it would be self-defeating to undercompensate them (at para 21). Using this balance as a justification, different lobbying interests have emerged. A dichotomy of users versus authors has emerged.

Canadian Heritage allowed me to explore new perspectives. I gained an appreciation for the work of Canadian authors and content creators and how some artists have experienced a decline in the digital era. These case studies emphasized why this dichotomy is false because creators or authors are users. For example, Content generators develop original works using inspiration from previously published works. Independent journalists may be dependent on networks such as Facebook to research their pieces, and then subsequently publish and share their finished articles on the platform to secure future works. However, these dissemination practices may offend their publishers' (or owner’s) copyrights in the work, further diminishing their incomes in this digital age. Copyright policy, therefore, must re-balance between the tech giants, the “Super users” who have a monopoly on their platform users’ data and the corporate copyright owners, and the researcher, AI developer or Canadian public who require reliable news and a civil space to discuss ideas. These groups are particularly critical during the age of a pandemic. These users, in turn, become authors and creators who create dynamic content and innovation as a part of a globalized marketplace.

Written by Natalie Chodoriwsky, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

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The was really the perfect opportunity for me. I saw it as a chance to work directly with clients on actual legal matters, in a field that I knew I was interested in. After expressing my interest in clean technology during my qualifying interview for the Intensive, I found out I was going to be placed with Alectra Utilities, and to be honest, I wasn’t sure what to expect.

I had never really given much thought to utilities. All I knew was that every month I got a bill in the mail, and that my lights didn’t go off and my water kept running. So imagine my surprise when I entered the workforce at Alectra.

is a utilities company, which distributes energy under strict regulatory oversight by the Ontario Energy Board. But to say that Alectra is just a utilities company would be to do it a great disservice, and actually wouldn’t reflect my time there at all.

I spent most of my time working (virtually) at the Green Energy and Technology Centre (), an arm of the business focused on emerging technologies with departments like “Advanced Planning,” “Grid Innovation” and “Smart Cities.”

It turns out that Alectra not only provides energy to homes and offices, but is also at the forefront of research and development in cutting edge energy solutions, including solar power, electric vehicles, and microgrids.

While my experience allowed me to gain exposure to a wide variety of areas like corporate law and real estate law, the bulk of my time was focused on completing an IP inventory. The IP inventory allowed me to read through nearly 100 different agreements, past and present, that Alectra was a party to. I read through NDAs, software licensing agreements, government funding agreements, construction agreements, and more, absorbing as much as I could about how different relationships are structured in the renewable energy space.

As in-house counsel, I think you learn a lot about the industry you are in, just due to the sheer variety of matters that come your way. Every department needs your involvement in something at some point, and so you gain exposure to everything that the business does. In my case, I was constantly encouraged to ask more questions, and to reach out to whoever I wanted. I was also given presentations by the heads of different departments, and was invited to attend board meetings and staff meetings. I was fortunate that my supervisor even signed me up for a few different conferences during my Intensive, including a two-day conference about Canada’s electric vehicle strategy!

Besides having constant learning opportunities in-house at Alectra, I was also paired up with an associate from Gowling WLG, who supervised my work on the IP Inventory. I had weekly meetings with him, and was able to not only ask about matters pertaining to the IP Inventory directly, but about broader questions I had about IP law. I really had the best of both worlds, having direct access to both in-house counsel and an associate from a leading law firm.

Throughout the course of the semester, I also gained exposure to different leadership styles. I had never worked for such a large corporation, so I found it really interesting to observe the various ways senior members of the organization chose to lead the employees reporting to them -- In general, the attitude at Alectra was super positive and collegial, so much so that I barely noticed that everything was virtual this year. I also learned a lot about how I want to act as a professional in the legal field by observing the values that different members of the legal department exemplified. I learned that you should (try) not to stress too much, know your stuff inside and out, and most importantly, always express your appreciation for your co-workers.

If you’re reading this and you’re on the fence about participating in the IP & Technology Law Intensive program, then take this as a sign! Fill out an application and make sure you check off Alectra as your first choice placement!

Written by Rachel Marcus, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post Inside Alectra Utilities: My Internship Experience (IP Intensive Reflection) appeared first on IPOsgoode.

It was apparent from day one of my internship that this drive for results stems from the backgrounds of ventureLAB team. As predominately successful entrepreneurs from the hardware, health and enterprise software industries, the team’s mission is for clients to realize the same successes they did and to keep that success benefiting all Canadians. With an eye on inclusivity, this is accomplished by providing clients access to resources that their experience has taught were necessary for these successes as well as guiding clients away from “opportunities” that may not provide positive results. VentureLAB offers physical space, access to government and private investment where they have positioned themselves as trusted program administrators, guidance from experienced industry leaders, and connections to a wide range of business and legal needs through and contacts. Their success has given them the ear of government and many industry leaders and allows them to select clients that they will be the most successful in helping.

One of the most interesting aspects of ventureLAB is that they are well positioned to further Innovation, Science and Industry Minister Bains’ focus on ensuring that Canadian generated intellectual property continues to benefit Canadians. This is most evident in their role as administrator of the Canadian IP Retention Initiative (CIRI). The purpose of this program is to retain IP in Canada by connecting IP rich Canadian companies at risk of being acquired out of country with Canadian companies as a viable alternative. This program specifically targets the important issue of IP retention in Canada. However, the goal of IP retention in Canada permeates everything ventureLAB does.

I was glad to be a part of this posture by serving as a resource providing initial IP assistance in the form of IP audits and initial IP strategy guidance. Because I was able to plug into this key need for them, the experience was mutually rewarding. Starting in my first week, I was introduced to clients who by the end of my interaction with them had either initiated or shifted their IP strategy based on the information I provided. Many were also connected with resources that both from ventureLAB and my network to further their IP needs. In the two and a half months that I was there I even got to see some clients generate success from these endeavors. This is a testament to ventureLAB’s ability to not only provide resources, but to provide the right resources that generate productivity.

The feeling of being productive is a prime motivator for innovators, employees, and facilitators alike. That is why what and more importantly how ventureLAB is contributing to the productivity of Canada is so important. I have been fortunate to be a part of that productivity and hope that I can capitalize on the motivation it has provided me. Thank you ventureLAB!

Written by Jared Sues, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post VentureLAB: How to Produce IP Producers (IP Intensive Reflection) appeared first on IPOsgoode.

I consider it to be a great blessing that the program not only continued but thrived notwithstanding the challenges of COVID-19. The two-week intensive held on Zoom was astutely condensed to avoid the dangers of – a subject about which I have written in one of my other . Thereafter, students were to complete their placements solely online while continuing to attend periodic Zoom classes sprinkled throughout the remainder of the semester. I’d like to take this moment to commend not only the program's administrators, but also the placement partners for continuing to execute upon its obligations to the program. The pandemic would have made any objection justifiable given the state of the world; however, thanks to the work of many, we were all able to continue with the program.

I was fortunate enough to have been selected for a placement with the Canadian Intellectual Property Office ; a position that would have traditionally required myself to relocate to Ottawa. And despite missing out on some “social” gatherings that would have taken place but for COVID-19, my mentor at CIPO quickly made me feel welcome to the team with pre-scheduled weekly updates even before my arrival – both professional and non-professional – that bridged the gap quite nicely.

is a special operating agency of that delivers intellectual property (IP) services in Canada and educates Canadians on how to use IP more effectively. My predominant role as a legal intern was to provide supporting research for internal policy initiatives; and the projects I worked justifiably spanned across the many different services and tools that CIPO offers to Canadians. Some of my more notable research projects included providing supporting research with regard to tools, how to meet the terms of the newly ratified , and as regards Canada’s relationship with First Nations.

With regard to my CUSMA research, since the ratification of the new NAFTA (CUSMA), s. requires that member Parties provide the means to adjust (extend) the term of the patent for patent applications that have been subject to “unreasonable delays” in the issuance of a patent. Subsection describes “unreasonable delays” as “a delay...of more than five years from the date of filing... or three years after a request for examination...”. Mexico and the US have already fulfilled their obligations. Canada does not contain a term adjustment for delays in its existing patent regime, and no such provision is included in the Implementation Act. Under Article of CUSMA, Canada will have four and a half years from July 1, 2020, to implement this change.

Overall, my Zoom-semester at the Canadian Intellectual Property Office was one that I will never forget. I had the opportunity to learn from top policy experts responsible for making decisions that shape the future of Canadians. The research I engaged in was not only enlightening, but inspiring, knowing that it will be supporting the decisions of individuals with such responsibility to our Country. I met some amazing people with the most brilliant minds. My only regret is that I wasn’t able to see them face to face (though, our social zoom calls were some of my favourite moments of learning; one could argue, the most important).

The IP Intensive is program like no other. For me, it was a once-in-a-lifetime opportunity that provided an avenue for myself to bridge the gap between my interests in law and my professional career. It provided an opportunity to gain experience applying the intellectual property doctrine we were taught in school to real world problems. Through this, I acquired new perspectives on how to think about the law and gained invaluable mentorship to smooth out the rough edges before I enter the work force. I highly recommend this program to any student interested in IP Law.

Written by Joseph Simile, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post The Inaugural Zoom Class of 2020 (IP Intensive Reflection) appeared first on IPOsgoode.

I came to Osgoode as a professional musician, and intended to get myself into copyright law and policy. What better place to realize that goal than getting a place in this internship? SOCAN’s focus is serving the world’s musicians; not only are they remunerating Canadian musicians for their performances and compositions, but they are also paying international musicians whose collective agencies have agreements with SOCAN. It’s a global operation, beyond simply managing music within Canadian borders. And not only that, but SOCAN is interested in copyright policy in Canada and internationally, whether it is being involved in the most important copyright cases of the past decade, or researching tariff policy of its international members performing anywhere internationally. It amazes me how many industries are involved with SOCAN nationally and globally.

Then there is the non-copyright work within an in-house environment that is so valuable for any law student seeking real-world legal experience. The common tasks that come up daily are usually not related to copyright at all, but are those common in any legal atmosphere, whether it be litigation- related, general research or proofreading of corporate-related materials, or just discussing just about anything during the day-to-day meetings with the legal team. One of the best memories I will have of the experience is the welcoming atmosphere created in every single meeting I had with the legal department. They were open, friendly, and treated me like one of their own. It was a shame that the pandemic did not permit these interactions to be in person, but I may only look forward to having the chance to work in a real office in the not-too-distant future.

One may find that an experience like this is transforming for any law student. I was given real files, involved in real issues, and matters seemed to move quickly from one copyright issue to another corporate issue, to government policy, to drafting documents for litigation, to ghost-writing letters for employees from other departments, and even to getting personal advice about the real-estate market. And with these experiences, one learns about every crevice of how a collective agency works, how it feels to work in-house and be involved in civil litigation every day, and most importantly, who are the people behind the profession. With me, the team was open with every matter, expressed themselves honestly and without restraint, and took time to explain the clockwork of each issue in more detail when I requested. It becomes important to realize that these professionals do love their job (most of the time), and a law student has to understand the importance of this to succeed in the profession in the long run. I began to understand it at SOCAN.

Having to be home for this experience was bitter-sweet. The SOCAN team made it sweet by making sure I was technologically equipped for all meetings and I was given access to all electronic resources. Also, of course, I need not mention the ease of my mornings. It was bitter because the tour of the office on the first day of my placement was the only time I got to step foot inside SOCAN’s physical world. But, I believe some misfortunes come with their blessings. I know I will always yearn to personally meet with each colleague from SOCAN one day. I can definitely say I now recognize their electronic voices, pixelated faces, and the inside of their homes. And who knows, maybe, when these difficult times pass in the near future, that day will come.

Written by Sebastian Romanutti, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post A Semester of Bliss during a Pandemic: My Internship at SOCAN (IP Intensive Reflection) appeared first on IPOsgoode.

The internship is a part of IP Osgoode’s , which is a unique experiential program that gives students an opportunity to work at an organization that is involved with IP matters for an entire semester. The first two weeks of the program included training from experts in a variety of areas including copyright, trademarks, patent, technology, and privacy law. Then, for my subsequent ten-week internship at CBC, Dan Ciraco was my supervisor and each week I worked with a different lawyer mentor (from either the business or media law teams) to get exposure to new types of files.

One opportunity that the virtual workspace allowed, which otherwise may not have been possible, is the ability to observe virtual cross-examinations and court hearings. One in particular was at the British Columbia Court of Appeal, which was an absolute privilege to attend. The case is a pivotal one for journalists since it dealt with the constitutionality of the Court of Appeal’s policy related to record and courtroom access. The decision will undoubtedly impact how the media will access court documents in the future. In addition to these shadowing opportunities, I was able to work on a variety of research projects related to copyright terms, fair dealing, trademark infringement, and access to information issues. One research project allowed me to practice drafting arguments in preparation for a hearing. I also had the opportunity to review licensing and service agreements and assist with drafting clauses. Another project allowed me to review past agreements to help develop a template resource to increase efficiency and uniformity.

I am grateful that I was able to get exposure to the in-house legal department environment so early on in my career to complement my experience working at private law firms. It was a great change in perspective to see the dynamic of the lawyer-client relationship within an organization. As a media organization and public broadcaster, I learned a lot about the approach an organization like CBC takes to secure and enforce its IP rights.

When reflecting with my supervisor on the goals I had for the internship, I mentioned that I wanted exposure to opportunities that were unique to CBC. While many of those opportunities arose, one in particular was a highlight for me. With a few of the lawyers on the media law team, I was able to attend vetting meetings for stories with the Fifth Estate and CBC Marketplace, which are two programs I have loved watching over the years. Sitting in on these meetings, I observed the teamwork and collaboration that lawyers and journalists engage in to tell compelling stories. There is a delicate balance that must respect the journalistic process, but still manage legal risks. I also observed this balance when I assisted with creating internal training resources for journalists, which help to empower them with foundational knowledge to manage risks as they conduct their work in the field.

This was a pivotal moment in the early stages of my legal career that has given me exposure to a network of supportive mentors and leaders in the legal field. This experience has been added to my exposure to Bay Street firms and an in-house summer student secondment. I am certain my experience with CBC will help me as I continue with my professional endeavours. I am so thankful to my supervisor Dan Ciraco for his guidance throughout the program and his advice on my academic work throughout the semester. I also extend my gratitude to IP Osgoode and Professors D’Agostino and Vaver for this unique and rewarding opportunity.

Written by Summer Lewis, a third year JD Candidate at Osgoode Hall Law School, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post Embracing the Virtual Workspace: My Semester with CBC (IP Intensive Reflection) appeared first on IPOsgoode.

For one long-term project, I was able to engage with the Patented Medicines (Notice of Compliance) Regulations, which provide generic companies with a way to market their products before a patent relating to the drug, which is owned by brand-name manufacturers, expires. Initiating the process requires drafting a Notice of Allegation (NOA), which must include a description of various aspects of the drug such as its medicinal ingredient, dosage form, and strength. In the NOA, one can assert that the generic product does not infringe upon the relevant patent. Arguments can also be made in the alternative (i.e. in the case a product does infringe upon a patent). My project involved an analysis of the latter; specifically, I was tasked with drafting arguments contesting the validity of certain patents. I reviewed the applicable Canadian patents for a specific product, found prior art anticipating aspects of the patents, and developed potential arguments that could be used in an NOA to question the validity of the patents. It became clear to me that coming up with compelling arguments regarding the validity of a pharmaceutical patent requires understanding the complexities of the specific molecules and their chemical interactions. Generally, having a deep-seated understanding of the scientific terms and related phenomena is an asset. Thankfully, I had the help of my supervisors at Teva, who were able to guide me through any questions I had. In working through this project, I recognized the importance of teamwork and mentorship, and I appreciated the intricate process of ensuring that affordable versions of brand-name medications are made available to the public. I also saw how the pharmaceutical ecosystem is dynamic and symbiotic—brand-name and generic manufacturers must work together with the ultimate goal of providing safe, effective drugs to the people who need it the most.

Along with this challenging and rewarding project, I assisted the team with legal drafting, as well as updating the market research group on the state of ongoing litigation involving Teva and other generic pharmaceutical companies. Through such tasks, I observed how working with an in-house legal team is highly collaborative as it functions within a large company interdependent on multiple other departments.

As a law student, the ability to get any hands-on legal experience is highly beneficial. While classes certainly provide students with the discipline and background to become an effective lawyer, placements such as those provided by the Intensive allow students to gain the practical skills necessary to become a working professional.

I would like to thank my supervisors and teachers, including Ben Gray, David Solomon, and Kane Denike for taking the time to educate me about the industry and guide me through my tasks. I am also thankful to Professor D’Agostino and Professor Vaver for ensuring that the program ran smoothly and for making my placement possible. Above all, I am grateful for the time and care taken to support and enrich my law school experience during such an unprecedented time. Despite all the uncertainty surrounding the school year, it was great to be a part of a program that kept things operating as “normal” as possible.

Written by Esther Kim, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post A Virtual Look into the Generic Pharmaceutical World: My Placement at Teva Canada Limited (IP Intensive Reflection) appeared first on IPOsgoode.

No beats skipped here

As one could imagine, the pharmaceutical industry is in full swing in the midst of a global pandemic. Despite the virtual/remote nature of this year’s IP Intensive and placement, my supervisor ensured that I was sufficiently immersed in AZC’s operations, through regular Zoom “touch-base” meetings and by connecting me with employees from various departments of the organization. From meeting individuals from the compliance, marketing, and digital transformation departments (to name a few), I was given a holistic understanding of the “big picture” operations of a pharmaceutical company.

In fact, interning at AZC during a global pandemic represented a unique opportunity. I learned about, and contributed to the resolution of, issues related to vaccine development and marketing— including vaccine contract review and constitutional analyses on the division of powers as relates to vaccine dissemination strategies. I also had the opportunity to review and comment on official submissions to Parliament regarding the passage of their COVID-19-related interim orders, in particular the order creating alternate routes for expeditious drug authorization to combat shortages.

A newfound interest in privacy law

Prior to my involvement with the IP Intensive, I considered myself someone solely interested in traditional IP law (i.e., copyrights, trademarks, and patents). I am grateful for the “Technology” aspect of the IP Intensive, for it thrust us into discussions on timely issues such as privacy and data rights. In fact, I would say that the legal field engaged with most during my placement was privacy law (even more so than IP). While clear to see with hindsight, I had no idea the extent to which privacy considerations impacted pharma’s operations. I worked on tasks such as: appraising cookie notices for PIPEDA compliance; reviewing corporate privacy training modules; and providing feedback on federal and provincial privacy legislation amendment proposals (this last one is timely, given Parliament’s recent introduction of the Digital Charter Implementation Act, 2020, which will likely lead Canada to a more GDPR-esque privacy regime).

Patented medicine pricing issues

One constant cause for concern during my placement at AZC relates to the Patented Medicine Prices Review Board’s (“PMPRB”) 2020 Guidelines. The price regulation of patented drugs affects virtually the entirety of AZC’s product line, and therefore represents a source of uncertainty with respect to AZC’s—and other patented drug manufacturers’—operations. I assisted my supervisor in researching PMPRB court cases as well as commenting on submissions from Innovative Medicines Canada (“IMC”) asking for clarity on the Guidelines’ proposed amendments.

The recent Federal Court ruling on the validity of the PMPRB’s recent amendments (i.e., that they fall within the broad regulation-making authority of the Governor-in-Council under the Patent Act as part of the valid legislative goal of “abusing patent monopolies”) are bound to be challenged by IMC, and I am glad to know that I may have played a small part in the process of clarifying this important area of law.

Miscellaneous adventures

In addition to the privacy- and IP-related legal issues I mentioned, I was also involved in a wide spectrum of legal and policy issues touching on a variety of AZC’s operations. For example, I took part in the following miscellaneous, yet significant, operational tasks: providing insights into the Food and Drug Regulations’ amendment to include nurse practitioners in the list of “practitioners” to whom drug samples may be distributed; reviewing consent notices for compliance with Canada’s Anti-Spam Legislation; and clarifying health and safety committee requirements under the Occupational Health and Safety Act.

Conclusion

My placement at AZC was undoubtedly the highlight of my law school career, providing me with an invaluable adjunct to the traditional course-based law school curriculum. I am grateful for the work done by the Legal Affairs department to make my virtual placement as immersive and rewarding as if it were done in person. I look forward to applying the knowledge and skills gained in my future career endeavours, as well as to keeping in touch with the awesome individuals I had the pleasure of connecting with during my placement.

Written by Daniel Joseph, JD Candidate 2021, enrolled in Professors D’Agostino’s and Vaver’s 2020/2021 IP Law & Technology Intensive Program at Osgoode Hall Law School. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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