Bill C-9: An Act to Amend the Patent Act and the Food and Drugs Act

September 28, 2006. The Canadian Government adds Tamiflu to the list of patented pharmaceutical products eligible to be exported under compulsory license of Canada's Access to Medicines Regime (CAMR). This is done in response to a request by the generic firm Biolyse. For more information, click here.

Efforts to Fix Canadian Law on Exports of Pharmaceuticals Produced Under Compulsory License

On May 14, 2004, Canada passed BILL C-9: An Act to amend the Patent Act and the Food and Drugs Act. The law came into force on May 14, 2005 creating Canada's Access to Medicines Regime (CAMR). The purpose of the legislation is to allow Canadian manufacturers to export medicines to countries lacking manufacturing capacity (the issue raised in Paragraph 6 of the 2001 Doha Declaration) . Proposed royalties paid to the patent holder vary according to the importing country's Human Development Index. Civil society groups supported the passage of the legislation, yet they also pointed out a number of flaws in the bill, including; it includes a restrictive lists of medicines, it does not automatically include medicines pre-qualified by WHO (including Fixed-Dose Combination antiretrovirals), it imposes hurdles on NGOs in the field attempting to procure Canadian generics, and it includes language against production that is "commercial" in nature.

By December 2006, no medicines had been exported under this framework. Stakeholders are now debating how to fix the system.

Government Documents

News Stories

Government Documents
U.S. and Canada Memorandum of Understanding on NAFTA Rules and Canadian Drug Exports
NGO Documents
Industry Documents
United Nations Documents
News Stories

Return to: CPTech Home -> Main IP Page -> IP and Healthcare -> Canada Page