The proposed amendments by the government simply reaffirm existing government policy. They are aimed at clarifying the intent expressed in 2006, which was to ensure that patents protected under the regulations would continue to enjoy protection until the expiry of the original protection. That was stated during the consultation back in 2006. The amendments do not change the rules of evergreening. They simply clarify the intent of the government that was going forward and not actually going backward.
The proposed amendments are further to the government commitment in the 2007 Speech from the Throne to improve the IP protection regime in Canada. So this is not a surprise. That was part of the speech and an ongoing process. It's simply to correct the situation that occurred in recent years. It's not changing the 2006 situation.
