[Ip-health] Canada draws near to approving Africa drugs deal (Lancet, 15 May 2004)

[Richard Elliott]

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[ Picked text/plain from multipart/alternative ]

The Lancet
Volume 363, Number 9421     15 May 2004

http://pdf.thelancet.com/pdfdownload?uid=3Dllan.363.9421.news.29605.1&x=3Dx=
.pdf

Medicine and health policy

Canada draws near to approving Africa drugs deal

Canada's Senate must grant hasty approval to a bill designed to provide
cheap drugs to Africa to help combat AIDS, tuberculosis, malaria, and other
diseases if it is to get through before the federal election is called.

Relentless dithering over the Jean Chretien Pledge to Africa Act, which
allows the export of low-cost drugs to the developing world, seemed to be
nearing an end on May 4, when the House of Commons voted to approve the
contentious bill. But it still faces the final hurdle of obtaining Senate
approval in the few weeks that remain before an expected federal election
call, which would dissolve Parliament and kill all bills that haven't yet
received royal assent.

Originally intended for last Autumn, (Lancet 2003;
<http://www.thelancet.com/journal/vol363/iss9421/full//journal/vol362/iss93=
92/full/llan.362.9392.news.27505.1>362:<http://www.thelancet.com/journal/vo=
l363/iss9421/full//journal/vol362/iss9392/full/llan.362.9392.news.27505.1>
1290), the bill was held up by arguments over whether the pharmaceutical
industry should be given right of first refusal on filling cheap-drug
orders from poor nations. The government finally lifted that provision, but
expanded the ability of brand-drug makers to file legal challenges against
generic firms believed to be selling a drug above an established price
threshold. Generic drug companies predict a barrage of litigation by
pharmaceutical giants tying up delivery of drugs to the developing world.

The latest controversy surrounds a decision by the government to include a
schedule of medicines within the legislation. Humanitarian agencies warned
that inclusion of such a schedule would invariably delay the availability
of therapies while regulators debate the merits of including each drug.
Others expressed concerns that brand-name drugmakers would use the schedule
to lobby politicians to exclude a medicine from the programme.

The likelihood of the latter occurring quickly became apparent when it was
learned that Bayer had pressed the government to keep moxifloxacin off the
list. The pneumonia drug could be valuable in treating AIDS and may be a
potential treatment for tuberculosis. But Bayer argued that other pneumonia
drugs, including its antibiotic Cipro, were already on the list and that
moxifloxacin hasn't yet been approved as a treatment for tuberculosis.

Outraged Member of Parliament Brian Masse dubbed it the thin edge of the
future wedge. "It's basically going to be big pharma selecting what drugs
are going to be available. We're seeing a politicisation of the process."

Wayne Kondro


Richard Elliott
Director, Legal Research & Policy / Directeur, politiques et recherche
juridique
Canadian HIV/AIDS Legal Network / R=E9seau juridique canadien VIH/sida
890 Yonge Street, Suite 700, Toronto, Canada M4W 3P4
Tel : +1 (416) 595-1666                 Fax +1 (416) 595-0094
E-mail: relliott@aidslaw.ca     Web: www.aidslaw.ca

The Canadian HIV/AIDS Legal Network is a partner organisation of the
AIDS Law Project of South Africa, and a non-governmental organization in
Special Consultative Status with the Economic and Social Council of the
United Nations. //
Le R=E9seau juridique canadien VIH/sida est un organisme partenaire  du AID=
S
Law Project
de l'Afrique du Sud et ONG dot=E9 de statut consultatif sp=E9cial aupr=E8s =
du
Conseil =E9conomique
et social des Nations Unies.
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