IP Osgoode, Osgoode Hall Law School’s Intellectual Property & Technology Law Program, and OCE, a not-for-profit corporation that drives the commercialization of Ontario academic research, recently signed a memorandum of understanding to solidify the program.

Above: From left, Trish Barrow (director of Commercialization & CCR, Ontario Centres of Excellence), Osgoode students Shirley Bai, Rita Gao, Sebastian Talluri, Andrea Dias, Hashim Ghazi and Professor Giuseppina D'Agostino (founder & director, IP Osgoode). Missing from the photo is student Jeremy Loeb.

“Intellectual property law is a key component in Ontario’s and Canada’s innovation agendas,” said Stan Shapson, 91��ɫ’s vice-president research and innovation. “The IP Osgoode/OCE project reflects our expanding research partnerships with industry and community partners and will further stimulate knowledge transfer between academia, government and industry groups pursuing innovative agendas.”

The IP Osgoode/OCE project will be launched as a 12-month pilot program with approximately six Osgoode students assisting OCE-supported companies with numerous IP matters – from patents to trademarks to copyright. The program will provide students with a combination of IP law theory and practical experience, while OCE is better able to support promising new companies, including helping them reduce start-up costs.

“This is a groundbreaking initiative for a law school to have a formal collaboration with a proven innovation driver such as OCE, at this level,” said Osgoode Professor , founder and director of IP Osgoode.

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“These companies are at the early growth stage,” D’Agostino said. “They need help from a very early point without having legal fees and various other costs choke them before they can get up and running. Having our IP students involved with these OCE-supported start-ups while at the law school will minimize the companies’ IP costs because our students will be working pro bono.”

Initially, the students will explore general areas of IP, with a special focus on patent law. The students will then be engaged in a variety of IP activities such as reviewing IP licensing transactions, performing prior art searches, reviewing patent specifications, performing freedom-to-operate and clearance searches, assisting with the preparation and filing of provisional patent applications, and conducting legal research.

To better enable the students, OCE’s CCR will provide $30,000 for the project’s operating budget. OCE will work with IP Osgoode and a clinical supervisor to select the most suitable OCE-supported companies, based on the skills and knowledge of the participating students, the scope of potential projects that may come from a particular company, and other factors that are consistent with the program’s overall goals.

“OCE’s Centre for Commercialization of Research is delighted to be working with IP Osgoode on this initiative,” said Tom Corr, OCE president & CEO. “Starting with a solid IP strategy is essential to the successful commercialization of leading-edge discoveries. The companies we work with have limited resources, but tremendous potential. This partnership with IP Osgoode will solve problems at a crucial time for start-up companies that are poised to create jobs and strengthen Ontario’s economy.”

“For many high-potential start-ups, their IP is their most precious commodity,” said Mario Thomas, senior vice-president, Ontario Centres of Excellence, and managing director, Centre for Commercialization of Research. “IP protection is vital for technology companies to get their products to market, so the value of this legal expertise and guidance provided by IP Osgoode cannot be stressed enough.”

Osgoode Dean also applauded the partnership, describing the IP Osgoode/OCE project as “a robust collaboration that will extend the classroom into the realm of real-world IP issues and benefit both Osgoode IP students and the start-up companies.”

Republished courtesy of YFile– 91��ɫ’s daily e-bulletin.

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Drug prices in Canada can be unregulated for years, a period during which companies may overprice the drugs and market them, says Lexchin, a professor in the School of Health Policy & Management in 91��ɫ’s and an emergency physician at the in Toronto.

Left: Dr. Joel Lexchin.

His commentary, “”, appears in the journal Open Medicine. It is based on new research which examined how many drugs in Canada are marketed before they are patented, whose prices are therefore not controlled by the federal Patented Medicine Prices Review Board. He also looked at the time period between marketing and patenting, and any excess revenue generated before those drug prices were regulated.

In total, 42 drugs were marketed between 2000 and 2008 before being patented, and complete data was available for 33 of those.

“Some of these drugs were potentially being marketed for weeks before they came under the jurisdiction of the review board and had their prices controlled, but some of them may have been marketed for years,” says Lexchin. “Only three of the 33 drugs were found to be overpriced, but the fact that one of the 33 drugs may have been marketed without price controls for more than seven years is troublesome.”

When drugs are finally patented, their prices are reviewed and if a drug is deemed to be overpriced, the review board can order a company to repay any excess revenue to the federal government. The problem is that if companies overprice their drugs, the drugs may not be added to provincial formularies such as the Ontario Drug Benefit Formulary. In Ontario, the government covers most drugs listed on the formulary for people who are eligible, so if a drug is not on the list, the cost will not be covered.

In addition, although excess revenue from the drugs is eventually recovered, it is paid to the federal government, not the provincial governments which fund drugs through their drug benefit schemes, or to private insurers or people who are paying the cost out-of-pocket, says Lexchin.

The best remedy for various problems caused by using patent status to regulate prices is simply to treat all drugs on the market equally and regulate all prices, he concludes.

More about Joel Lexchin

Dr. Joel Lexchin received his doctor of medicine from the University of Toronto in 1977 and for the past 22 years has been an emergency physician at the University Health Network. He is currently a professor in the School of Health Policy & Management at 91��ɫ and an associate professor in the Department of Family & Community Medicine at the University of Toronto.

From 1992 to 1994 he was a member of the Ontario Drug Quality & Therapeutics Committee and he was the chair of the Drugs & Pharmacotherapy Committee of the Ontario Medical Association from 1997-1999. He has been a consultant for the province of Ontario, various arms of the Canadian federal government, the World Health Organization, the government of New Zealand and the Australian National Prescribing Service.

He is the author or co-author of more than 90 peer-reviewed articles on topics such as physician prescribing behaviour, pharmaceutical patent issues, the drug approval process and prescription drug promotion. He is a co-author of and author of Drug Therapy for Emergency Physicians.

Republished courtesy of YFile– 91��ɫ’s daily e-bulletin.

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