Patent Protection 2. Market Exclusivity 3. No patent or equivalent protection is provided by virtue of mandatory pre-market clearance. No market exclusivity would exist in Canada if functional foods were to be recognized as a category of foods with recognized health claims.
Claims are allowable only on the basis of scientific agreement.
Virtually no confidentiality of information under NLEA, other than names of individuals and respective medical practitioners and institutions which participated in studies submitted in support of petitions. Petitions become public information within 100 days of filing. European Union n.a. The licensing process for functional foods provides the applicant with a license for a specific product and the text for health claims that are approved by the Ministry of Health and Welfare. This would appear to provide market exclusivity for the product and the firm manufacturing the product once the license is granted.