Steps forward, backward, and sideways: Canada's bill on exporting generic pharmaceuticals.
In May 2004 Canada's Parliament passed Bill C-9, amending the Patent Act to provide for the compulsory licensing of patented pharmaceutical products. The bill allows generic manufacturers to make cheaper, generic versions of patented products and export them to countries that do not have sufficient capacity to produce their own. Canada thus became the first country to pass legislation implementing a World Trade Organization (WTO) Decision that relaxed WTO rules on pharmaceutical patents. Civil society organizations campaigned to enhance the bill before it passed, and succeeded in obtaining significant improvements. However, the final bill is marred by flaws that mean it falls short of being a "model" that should simply be replicated elsewhere. This article is the second in a series tracing the evolution of Canada's legislation. It reviews the developments leading up to the adoption of Bill C-9 in its final form, and analyzes its positive and negative aspects. Hopefully, other advocates can learn from this experience and other countries can avoid replicating the negative aspects as they implement the WTO Decision.
Elliott
Richard
R
D002170:Canada; D003132:Commerce / Q000331:legislation & jurisprudence; D016568:Drugs, Generic / Q000600:supply & distribution; D033161:Government Regulation
D016568:Drugs, Generic