Patent protection could provide boost for local biotech companies January 9-15, 2007; issue 898 Business in Vancouver By Daniela Tuchel Ottawa has answered B.C.’s call for tighter rules – which could be good news for investors New rules governing patent and data protection are set to boost B.C.’s burgeoning biotech cluster this year. Last fall, the federal government answered B.C.’s call for stronger patent and data protection for therapeutics. International intellectual property protection is crucial, due to the significant economic impact of harmonizing legislation with Canada’s business partners around the world. Regulatory changes will have significant implications, too, especially for the biopharmaceutical industry. This sector has a limited time to recover drug research and development costs, and the length of time required to develop drugs reduces the commercial life of a biotech patent. The absence of data protection allowed competitors to access data related to drug formulae before patents expired. Consequently, before the change in regulations, the potential to recover investments was often in jeopardy. In 2007, stronger data protection regulations will increase the potential to recover the significant investments required in product research, development and commercialization. The change in regulations might also increase the number of disease treatments developed in Canada. Last year, B.C. saw several mega-deals involving global pharmaceutical giants and local companies, such as Xenon Pharmaceuticals Inc., QLT and Angiotech. Smaller companies in the pre-revenue stage, however, will continue facing major challenges because of their limited ability to attract investors’ interest. 2007 will also witness new drug products in clinical trial. Vancouver’s Cardiome Pharma Corp., a cardiovascular drug development company with two clinical drug programs and a preclinical program directed at improving cardiovascular function, is one of the companies to watch in 2007. At press time, Cardiome had yet to sign a partnership for its new heart drug. The United States Food and Drug Administration’s rejection of a regulatory filing by its market partner, Astellas Pharma US Inc., has delayed the drug’s commercialization. The firm reapplied in December to the FDA for permission to market the drug.

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