Canada’s generic drugmakers are in Federal Court today, challenging recent changes that protect brand-name drugs from competition.

Last month, Ottawa gave new and innovative drugs a guaranteed minimum period of market exclusivity of eight years, up from five years.

“Canada’s Parliament approved legislation allowing the government to make regulations necessary to comply with Canada’s international trade obligations,” says Jim Keon, president of the Canadian Generic Pharmaceutical Association(CGPA).

However, he says the new rules are much longer than required to comply with the North American Free Trade Agreement and the agreement on Trade Related Aspects of International Property Rights.

Had this eight-year ban been in place over the past five years, the CGPA claims it would have added about $600 million to prescription drug costs in Canada.

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