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.
- Bill C-9: An Act to Amend the Patent Act and the Food and Drugs Act. (The Jean Chrétien Pledge to Africa)
- April 20, 2004. Prime Minister's Statement on Amendments to Bill C-9, "The Jean Chretien Pledge to Africa Act."
- February 12, 2004. Press release. Government of Canada Reinstates Legislative Proposals to Enable Export of Low-Cost Pharmaceutical Products to Least-Developed and Developing Countries.
- February 2, 2004. Excerpt from the Speech From the Throne, delivered annually by the Canadian Governor General at the beginning of each legislative session.
- January 23, 2004. Remarks by Prime Minister Paul Martin delivered at the World Economic Forum in Davos, Switzerland.
- November 10, 2003. Bill Graham, Minister of Foreign Affairs. Op-ed in the Toronto Star. Canada leading the way - Making low-cost medicines available to developing countries will help millions afflicted with disease.
- November 6, 2003. Press release from Canadian government. Government of Canada Introduces Legislative Changes to Enable Export of Much-Needed, Low-Cost Pharmaceutical Products to Developing Countries.
|U.S. and Canada Memorandum of Understanding on NAFTA Rules and Canadian Drug Exports
Canadian HIV/AIDS Legal Network Page on Amending the Patent Act
- Richard Elliot's Comparison of the Bill C-9 to the EU's proposed regulation on export of medicines produced under compulsory license.
Joint NGO Documents
- May 3, 2005. Joint Letter from 12 NGOs. An Open Letter to All Parties in the House of Commons.
- April 28, 2004. Canadian HIV/AIDS Legal Network, CCIC, and World Vision. Canada proceeds with Bill C-9 on cheaper medicine exports: NGOs say initiative is important, and urge other countries to avoid the flaws in the Canadian model.
- April 20, 2004. Médecins Sans Frontières (MSF), Oxfam Canada, the Canadian HIV/AIDS Legal Network and the Canadian Council for International Cooperation (CCIC). Latest amendments to Canada Patent Act a good start, but still need work.
- January 13, 2004. Joint letter from over a dozen civil society groups to the Prime Minister detailing the flaws in the legislation as it stands.
- November 14, 2003. Joint press release by Médecins Sans Frontières, Canadian HIV/AIDS Legal Network, World Vision Canada, and CAP-AIDS. Canadian activists dramatize call on new Prime Minister to pass legislation allowing cheaper medicines for developing countries.
- October 16, 2003. Canadian HIV/AIDS Legal Network, Medecins Sans Frontieres, Oxfam Canada, Interagency Coalition on AIDS and Development, and the Canadian Labour Congress. Open letter to Allan Rock, Minister of Industry, and Pierre pettigrew, Minister for International Trade. AMENDING THE PATENT ACT TO AUTHORIZE EXPORTS OF GENERIC MEDICINES TO DEVELOPING COUNTRIES.
- October 1, 2003. Joint Statement signed by 28 NGOs. Joint statement on Canada¹s efforts to amend the Patent Act to increase access to generic medicines.
- October 1, 2003. Canadian HIV/AIDS Legal Network and Medecins Sans Frontieres. Amending Canada's Patent Act to allow exports of generic medicines.
- September 30, 2003. Media Advisory for joint NGO press conference. Why Canada Must Act: Canadian Patent Law Amendment, Getting Medicines to Millions in Need.
- September 26, 2003. Canadian AIDS Society and the Canadian Treatment Action Council. National AIDS Organizations Salute Government of Canada Federal Government to Amend the Patent Act.
- September 23, 2003. NGO letter to Allan Rock, Canadian Minister of Industry. The letter is signed by the Canadian HIV/AIDS Legal Network, Medecins Sans Frontieres, Oxfam Canada, and the Interagency Coalition on AIDS and Development. The letter proposes adding the following amendment to Canada's Patent Act:
Manufacturing of a pharmaceutical product by a person other than the patentee shall be allowed if the pharmaceutical product is intended for export to a country in which, in respect of that product, either a compulsory license has been issued or a patent is not in force.
- March 9, 2004. European AIDS Treatment Group. European AIDS activists support Canadian Bill C-9 on generics and demand Prime Minister to fix “shortcomings” to not “undermine the effectiveness of Canada’s Initiative”.
Medecins Sans Frontieres
- March 4, 2004. McGill International Health Initiative. Don't Let Big Pharma Hijack "Jean Chrétien's Pledge to Africa."
- October 1, 2003. Treatment Action Campaign and AIDS Law Project. South Africa's Treatment Action Campaign (TAC) and Aids Law Project (ALP) welcome Canada's commitment to ensuring access to medicines.
- September 26, 2003. Oxfam. Generic Medicines: Parliament must act quickly, avoid pitfalls, says Oxfam.
- September 26, 2003. National Union of Public and General Employees. AIDS in Africa: good news at last on generic drugs.
- May 1, 2005. Dennis Buckert for the Canadian Press. Drug aid for Africa political illusion.
- April 27, 2005. Sarah McGregor for Embassy News. Not Law Yet - Chrétien's Pledge To Africa Unfulfilled.
- November 19, 2004. Steven Chase for the Globe and Mail. Liberals' discount medicine plan panned.
- May 20. Lisa Roberts for the International Development and Environment Article Service. Drugs of Choice.
- May 15, 2004. Wayne Kondro for the Lancet.Canada draws near to approving Africa drugs deal.
- May 13, 2004. Canadian News Wire. The Jean Chretien Pledge to Africa Act approved by parliament. May 13, 2004. Agence France Presse. Canada first to pass law to send cheap AIDS drugs to poor countries.
- May 13, 2004. Bridges Weekly Trade Digest. Canada Passes Act Allowing Manufacture of Generics.
- May 13, 2004. Steven Chase for the Globe and Mail. AIDS bill flawed, generic drug firms declare.
- May 5, 2004. Agence France Presse. Canada to honour pledge for cheap Aids drugs.
- May 5, 2004. Saul Chernos for the Inter Press News Agency. CANADA: Activists Claim Partial Victory on Export of Generic Drugs.
- May 5, 2004. Kaiser News Network. Canadian House of Commons Unanimously Approves Bill To Allow Manufacture of Generic AIDS, Other Drugs for Africa.
- May 4, 2004. Glen McGregor for the Ottawa Citizen. Drug bill lets 'Big Pharma' call the shots - Government yields to pressure from Bayer to keep new drug off list of HIV/AIDS program.
- April 21, 2004. Agence France Presse. Canada amends bill for developing countries.
- April 21, 2004. Steven Chase for the Globe and Mail. Bill on cheap drugs for poor countries may still impede generic firms, critics say.
- April 21, 2004. Kaiser News Network. Canadian Lawmakers Introduce Amendments To Bill That Would Allow Manufacture of Generic Drugs for Africa.
- April 20, 2004. Canadian Press. Groups call for more amendments to AIDS bill.
- April 20, 2004. Allison Dunfeild for the Globe and Mail. Ottawa scraps clause in generic drug bill.
- April 20, 2004. Susan Delacorte for the Toronto Star. 'Drugs for Africa' bill amended.
- April 20, 2004. Op-ed by David Morley in the Victoria Times Colonist. Drug Companies Focus on Profits, Not People.
- April 14, 2004. Cameron Baughen for Alternatives. Federal Liberals Wasting Chance to Save Millions of Lives with Bill C-9.
- April 7, 2004. Steven Chase for the Globe and Mail. Heed new AIDS plan, Lewis urges Ottawa.
- April 7, 2004. Op-ed by Alan Cassels and Blaise Salmon in the Vicotria Times Colonist. Drug Plan Rings Flase As Millions Keep Dying.
- April 1, 2004. Gordon Barthos for the Toronto Star. Stiffen Canada's 'war' on AIDS.
- March 31, 2004. Op-ed by Richard Elliot in the Globe and Mail.
- March 27, 2004. David Spurgeon for the British Journal of Medicine. Canada's plan to sell generic drugs to developing countries is threatened.
- March 25, 2004. Doug Alexander for the Christian Science Monitor. Canada's new plan for generic-drug sales - Thursday, Canada crafts legislation that would allow its generic drugmakers to sell medicine to developing countries.
- March 21, 2004. Will M. Hilliard for the St. John's Telegram. Access to medicine vital: Forum hears of local, global problems.
- March 15, 2004. Kaiser News Network. Canada's AIDS Drug Bill Sets 'Poor Precedent for World,' DATA >Executive Director Says in Letter to Prime Minister.
- March 12, 2004. Steven Chase for the Globe and Mail. AIDS drug bill fatally flawed, activists warn.
- March 12, 2004. Canadian Press. Cochrane urges Ottawa to think of AIDS kids.
- March 11, 2004. Agence France Presse. Bono's pressure group says Canada must live up to AIDS commitments.
- February 26, 2004. Steven Chase for the Globe and Mail. Ottawa ready to rewrite drug-export legislation.
- February 24, 2004. Michelle MacAffe for the Canadian Press. UN special envoy is confident cheaper drugs will get to AIDS-ravaged Africa
- February 17, 2004. Catherine Little. Letter to the editor of the Globe and Mail.
- February 14, 2004. Robert C. Dickson. Letter to the editor of the Daily Herald.
- February 4, 2004. Blaise Salmon. Letter to the editor of the Globe and Mail.
- January 5, 2004. Transcript of commentary for CBC radio by Richard Elliot.
- December 11, 2003. Op-ed by Glen Bradford in the Vancouver Sun. Flawed legislation defeats objective of cheaper medicine for poor countries.
- December 9, 2003. Canadian Medical Association Journal editorial. Patently necessary: improving global access to essential medicines.
- November, 2003. Richard Elliott in the Bridges Monthly Review. Flirting with Flawed Patent Law, Canada May Undermine Welcome 'Access to Medicines' Initiative.
- November 19, 2003. Bridges Weekly Trade Digest. Canadian Civil Society Groups Call for Changes to Draft Drug Law.
- November 19, 2003. Op-ed in National Post by Mark A. Wainberg. Patently wrong: Developed nations must ensure that intellectual property rights are respected.
- November 11, 2003. Ann Silversides for the Canadian Medical Association Journal. "No turning back" on cheap AIDS drugs for poor nations, UN vows
- November 8, 2003. Steven Chase for the Globe and Mail. Committee to work AIDS bill into shape.
- November 7, 2003. Steven Chase for the Globe and Mail. Poor-nation drug bill tabled, but Grits admit it's not ready.
- November 7, 2003. Les Wittington for the Toronto Star. Cheap-drugs bill a world first - Parties agree on speedy passage, Poor countries to reap benefits.
- November 7, 2003. Canadian Press. WHO lauds Canada for taking steps to bring low-cost drugs to poor countries.
- November 6, 2003. Randall Palmer for Reuters. Canada Seeks to Block Reimport of Cheap AIDS Drugs.
- November 6, 2003. Tom Cohen for the Associated Press. Canada Gov't Proposes Generic Drugs Bill.
- November 6, 2003. UN Integrated Regional Information Networks. Canada to supply cheaper anti-AIDS drugs.
- November 6, 2003. Canadian Broadcasting Corporation. Ottawa approves bill to provide cheap drugs to Third World.
- November 6, 2003. Sandra Cordon for the Canadian Press. Ottawa proposes law to get cheap drugs into hands of world's poorest people.
- November 6, 2003. Newshour with Jim Lehrer. Canada Poised to Export Cheap AIDS Drugs to Poor Nations.
- November 5, 2003. Reuters. Canada moves to ship cheap Aids drugs to Africa.
- Novemberr 5, 2003. Steven Chase for the Globe and Mail. Chrétien sets sights on drug legislation for legacy.
- November 4, 2003. David Ljunggren for Reuters. Canada Moves to Make Cheaper AIDS Drugs for Africa.
- November 4, 2003. Canadian Broadcasting Company. Canada to introduce bill allowing cheap drugs to poor countries.
- November 4, 2003. Mark Bourrie for the Inter Press News Service. Cheap HIV Drugs for Africa Threatened by Domestic Politics.
- November 3, 2003. London Free Press. Africa: Can Canada Help Save It from AIDS?
- November 1, 2003. Steven Chase and Drew Fagan for the Globe and Mail. Table set for AIDS drug plan: 'Good progress' made on legislation that would make medicines available abroad.
- October 27, 2003. Op-ed by Richard Elliott in the Ottowa Hill Times. Canada Has an Opportunity to Show Real Leadership on "Big Pharma."
- October 27, 2003. Kaiser News Network. Canada's Plan To Alter Patent Laws To Allow Generic AIDS Drug Production More Complex Than Anticipated, Officials Say.
- October 25, 2003. Heather Scoffield for the Globe and Mail. Lewis urges Ottawa to table legislation on AIDS medicine.
- October 24, 2003. Drew Fagan for the Globe and Mail. Ottawa's AIDS drug plan caught up in debate.
- October 16, 2003. Steven Chase and Healther Scoffield for the Globe and Mail. Ottawa leans toward limits on cheap-drug distribution: Export of generics to poor countries likely to target only AIDS, malaria, TB for now.
- October 15, 2003. Bridges Weekly Trade Digest. Canada to Amend Patent Act, Allow Generic Medicine Exports.
- October 14, 2003. James Orbinski's letter to the editor of the National Post. Rock is right on AIDS patent plan.
- October 13, 2003. Naomi Klein for the Guardian. Now the US may block the provision of cheap generic drugs for Africa.
- October 13, 2003. Asia Russell's letter to the editor of the International Herald Tribune in response to Carol Bellamy's column.
- October 10, 2003. David Dickson. Editorial in the Science and Development Network. Canada sets an example on patent reform.
- October 9, 2003. Carol Bellamy for the International Herald Tribune. Canada to score a first in the war on AIDS.
- October 7, 2003. Patrick White for Reuters. U.S., Mexico Support Canada on Generic Drug Aid.
- October 7, 2003. Canadian Press. AIDS plan won't face NAFTA opposition.
- October 7, 2003. Heather Scoffield and Steven Chase for the Globe and Maill. Canada to seek assent on AIDS drug plan: NAFTA could snag exports to poor nations.
- October 4, 2003. Drew Fagan, Heather Scoffield and Steven Chase for the Globe and Mail. Ottawa scrambles to meet AIDS-drug pledge.
- October 4, 2003. Olivia Ward for the Toronto Star. The battle to save Africa from AIDS.
- October 3, 2003. Heather Scoffield for the Globe and Mail. AIDS plan could take 2 years, firms say.
- October 3, 2003. Di Caelers for the Cape Argus. Canada's decision to amend patent law hailed by TAC.
- October 3, 2003. The Advocate. Canada to alter patent laws to make, export anti-HIV drugs.
- October 2, 2003. Heather Scoffield and Paul Knox for the Globe and Mail. Big drug companies embrace AIDS plan.
- October 2, 2003. Kaiser News Network. Canada Set To Alter Patent Laws To Allow Production, Export of Generic Antiretroviral Drugs.
- October 2, 2003. Tim Naumetz for the Vancouver Sun. Bill will ensure cheap source for AIDS drugs: Legislation expected next week will fulfil promises to Africa by Chretien, Martin.
- October 2, 2003. Cananda TV. Canadain Companies Back AIDS Drug Plan: Report.
- October 2, 2003. Op-ed by Terence Corcoran for the Finantical Post. Allan Apotex's new drug fiasco.
- October 2, 2003. Elena Cherney and Christopher J. Chipello for the Wall Street Journal. Canada Looks Set to Export Generic Drugs to Poor Nations.
- October 1, 2003. Rajiv Sekhri for Reuters. Canada Urged to Act Fast on AIDS Drugs for Africa.
- October 1, 2003. Tom Cohen for the Associated Press. Canada: More Time Needed on Generic Drugs.
- October 1, 2003. Heather Scoffield for the Globe and Mail. Martin endorses AIDS plan.
- October 1, 2003. Bridges Weekly Trade Digest. Canada to Be first G-7 Country to Allow Export of Generic HIV/AIDS Drugs.
- October 1, 2003. Lex Wittington for the Toronto Star. Martin backs plan for cheap AIDS drugs.
- October 1, 2003. Alexander Panetta for the Canadian Press. Future Prime Minister Endorses AIDS Relief.
- September 29, 2003. Kieth Alcorn for Aidsmap.com. Canada to use compulsory licensing to produce HIV drugs for developing world.
- September 28, 2003. Bernard Rivers for the Global Fund Obserever. COMMENTARY: A Breakthrough Proposal?
- September 27, 2003. Steven Chase and Drew Fagan for the Globe and Mail. Drug companies balk at Ottawa's AIDS plan.
- September 27, 2003. Eric Reguly for the Globe and Mail. Vigilance still needed on drug patent laws.
- September 26, 2003. Heather Scoffield and Steven Chase for the Globe and Mail. Ottawa heeds call on AIDS.
- September 26, 2003. Editorial staff of the Globe and Mail. Drug makers should join fight against AIDS.
- September 25, 2003. James Macharia for Reuters. UN Africa AIDS Boss Asks G7 for Special Drugs Deal.
- September 25, 2003. Stephanie Nolen for the Globe and Mail. Spearhead AIDS fight, UN envoy tells Canada.
- September 11, 2003. Steven Chase for the Globe and Mail. Generic drug makers seek export rights: Association wants change to Canadian law.