[Ip-health] Update: Canada's law on compulsory licensing for export (Dec 3, 2009)
Richard Elliott
relliott@aidslaw.ca
Thu Dec 3 16:06:01 2009
UPDATE: CANADA'S LAW ON COMPULSORY LICENSING FOR EXPORT
December 3, 2009
Last night, in a victory for treatment activists, Canada's House of Commons=
voted narrowly (143 in favour, 127 against) to move forward with a private=
member's bill that would streamline "Canada's Access to Medicines Regime" =
(CAMR), the law originally passed in 2004 to implement the WTO General Coun=
cil Decision of August 30, 2003 on compulsory licensing of patented pharmac=
eutical products for export.
In more than 5 years since it was passed, CAMR has been used to issue only =
one compulsory licence, which authorized the export of 15.6 million tablets=
of the fixed-dose combination product Apo-Triavir (AZT + 3TC + NVP) to Rwa=
nda by Apotex, Inc., Canada's largest generic pharmaceutical manufacturer. =
(The ultimate price of the tablet supplied to Rwanda was US$0.195 per tabl=
et, comparable to the price offered by other generic manufacturers at the t=
ime.)
The bill in the House of Commons, Bill C-393, was introduced by New Democra=
tic Party MP Judy Wasylycia-Leis. Following yesterday's vote, it will now =
proceed to a House of Commons committee for further study. A virtually ide=
ntical bill, Bill S-232, was introduced earlier this year by Liberal Senato=
r Yoine Goldstein and is now sponsored by Liberal Senator Sharon Carstairs.=
It is currently before a committee of Canada's Senate, which wrapped up h=
earing from witnesses just two weeks ago and is expected to proceed next to=
a clause-by-clause debate on the bill.
Both bills are facing stiff opposition from the patented pharmaceutical ind=
ustry. The lobby group Rx&D - Canada's Research-based Pharmaceutical Compa=
nies, and companies such as GlaxoSmithKline and Boeringer Ingelheim, have t=
estified in Parliament against the proposed reforms, and have been advancin=
g numerous objections to them, including the inaccurate claim that the refo=
rms are not in compliance with Canada's obligations as a WTO Member.
The Canadian HIV/AIDS Legal Network has been spearheading the campaign for =
reform, and a broad range of civil society organizations and concerned indi=
viduals have been mobilized to press the case, including UNICEF Canada, Can=
adian Crossroads International, Grandmothers to Grandmothers Campaign, RESU=
LTS Canada, Universities Allied for Essential Medicines, student groups, an=
d others. Treatment activists will continue campaigning in support of the =
proposed reforms.
Generic drug manufacturer Apotex, Inc. has made the public commitment that,=
if the current law is streamlined along the lines proposed by the two bill=
s before Parliament, it will produce a paediatric formulation of Apo-Triavi=
r which it will seek to export under compulsory licence to eligible importi=
ng countries: http://www.apotex.com/global/about/press/20090918.asp.
Both bills reflect heavily the amendments originally proposed in April 2007=
by the Canadian HIV/AIDS Legal Network during a Parliamentary review of Ca=
nada's legislation. Both of them would implement, among other reforms, a "=
one-licence solution". Instead of the current country-by-country, order-by=
-order process of compulsory licensing currently found in CAMR, a reformed =
law would require only one licence on a patented pharmaceutical product. T=
hat one licence would authorize exports to any of the developing countries =
covered by the current law and without limiting the quantity to a pre-deter=
mined "maximum quantity". As a condition of the licence, the generic manuf=
acturer would still pay royalties to the patent-holder(s) based on the sale=
s of the generic product. (The existing formula in CAMR for calculating ro=
yalties that must be paid on any given contract is perfectly adequate and p=
rovides clarity and certainty to all involved, including the generic manufa=
cturer getting the licence.)
The full text of the Legal Network's brief regarding the proposed reforms (=
as submitted to the Senate committee that has already held hearings on Bill=
S-232) is available at: http://www.aidslaw.ca/publications/publicationsdoc=
EN.php?ref=3D987 (English), http://www.aidslaw.ca/publications/publications=
docEN.php?ref=3D990 (fran=E7ais).
For more information, see the materials available at www.aidslaw.ca/camr (E=
nglish) or www.aidslaw.ca/rcam (fran=E7ais), including:
"Fixing Canada's Access to Medicines Regime: 20 Questions & Answers"
http://www.aidslaw.ca/publications/publicationsdocEN.php?ref=3D965
"Rectifier le R=E9gime canadien d'acc=E8s aux m=E9dicaments (RCAM) : 20 que=
stions et r=E9ponses"
http://www.aidslaw.ca/publications/publicationsdocEN.php?ref=3D966
Results of a nation-wide poll recently conducted show very strong public su=
pport for fixing CAMR (http://www.aidslaw.ca/publications/interfaces/downlo=
adFile.php?ref=3D1567), and this week we released an open letter to all Par=
liamentarians, signed by the former Prime Minister and dozens of other emin=
ent Canadians, calling on them to move forward with the bills to reform CAM=
R (http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=3D157=
5).
For those who are interested, below is a statement issued yesterday by the =
Legal Network following the vote in the House of Commons, as well as a list=
of selected media reports (with links) in recent months on the campaign to=
reform the legislation -- including favourable editorials in some of the c=
ountry's leading newspapers.
Richard Elliott
Canadian HIV/AIDS Legal Network
www.aidslaw.ca/camr
*******************************
CANADIAN HIV/AIDS LEGAL NETWORK
=A0=A0=A0
Statement
=C9nonc=E9
For immediate release
=C9galement disponible en fran=E7ais
IMPORTANT STEP FORWARD IN VOTE ON BILL C-393
Statement from Richard Elliott, Executive Director of
the Canadian HIV/AIDS Legal Network
December 2, 2009, Ottawa - "Today's vote in favour of sending Bill C-393 to=
Committee is an important step towards providing medicines to children and=
adults dying of treatable diseases in developing countries. Parliament now=
joins experts and advocates in the fields of science, academia, public ser=
vice and the arts, newspaper editorial boards, and according to a recent po=
ll, 80 percent of Canadians, in support of reforming Canada's Access to Med=
icines Regime [CAMR].
"The Canadian HIV/AIDS Legal Network appreciates Members of Parliament risi=
ng in support of this legislation at Second Reading following debate that w=
as characterized by hyperbolic misinformation from its opponents. We congra=
tulate and thank them. The Legal Network looks forward to a reasoned debate=
at Committee, and the opportunity to further make the case that simplifyin=
g the licensing process of CAMR - to allow developing countries to access m=
edicines more quickly and easily from Canadian generic drug makers - will s=
ave lives.
"We continue to maintain that this legislation is a win for patients in the=
developing world who need medicines, a win for Canadian generic companies =
that can supply those medicines, a win for brand-name drug companies that w=
ould receive royalties, and a win for Canada's international reputation - a=
ll at no cost to Canadian taxpayers.
"Parliament made an important decision today but there is more work to do. =
We look forward to building upon the support of the MPs who voted to reform=
CAMR, and expanding this support to other MPs to ensure Canada successfull=
y finishes what it started in 2004, when Parliament unanimously voted to br=
ing in the regime."
For details on CAMR reforms, please visit www.aidslaw.ca/camr.
- 30 -
For interviews, please contact:
Parle fran=E7ais
Richard Elliott
Executive Director
Canadian HIV/AIDS Legal Network
Cell: +1 416 898-3313
For more information, please contact:
Parle fran=E7ais
Gilles Marchildon
Director of Communications
Canadian HIV/AIDS Legal Network
Telephone: +1 416 595-1666 ext. 228
Cell: +1 647 248-2400
E-mail: gmarchildon@aidslaw.ca
*******************
MEDIA COVERAGE
Globe and Mail, "Ottawa to debate bill that would open access to generic dr=
ugs" (December 3, 2009)
http://www.theglobeandmail.com/news/politics/ottawa-to-debate-bill-that-wou=
ld-open-access-to-generic-drugs/article1386291/
Toronto Star, "MP 'ecstatic' after vote revives AIDS drugs shipments to Afr=
ica" (December 3, 2009)
http://www.healthzone.ca/health/newsfeatures/article/733968--mp-ecstatic-af=
ter-vote-revives-aids-drugs-shipments-to-africa
Globe and Mail editorial, "Living up to old rhetoric" (December 2, 2009)
http://www.theglobeandmail.com/news/opinions/editorials/living-up-to-old-rh=
etoric/article1385121/
Globe and Mail, article (December 2, 2009)
http://www.theglobeandmail.com/news/national/liberal-divisions-imperil-cana=
das-african-pledge/article1385131/
Toronto Star editorial, "Help Africa Fight AIDS" (November 30, 2009)
http://www.thestar.com/opinion/editorials/article/732339--help-africa-fight=
-aids
CBC Power and Politics video, "Dying for AIDS drugs" (December 1, 2009)
http://www.cbc.ca/video/#/News/Politics/ID=3D1347605850
CBC Power and Politics, Question of the Day (December 1, 2009)
http://www.cbc.ca/politics/insidepolitics/2009/12/question-of-the-day-1.htm=
l
CBC, "Bill to help sale of HIV drugs gains support" (December 1, 2009)
http://www.cbc.ca/canada/story/2009/12/01/aids-drugs-generic-bill.html
Le Devoir, =AB Journ=E9e mondiale du Sida - Am=E9liorer l'acc=E8s aux m=E9d=
icaments abordables =BB (1er d=E9cembre 2009)
http://www.ledevoir.com/societe/sante/278287/journee-mondiale-du-sida-ameli=
orer-l-acces-aux-medicaments-abordables
Intellectual Property Watch, "Last Cheaper AIDS Medicines For Rwanda Under =
WTO" (September 17, 2009)
http://www.ip-watch.org/weblog/2009/09/17/last-cheaper-aids-medicines-for-r=
wanda-under-wto/
Winnipeg Free Press, "Grannies say Canada failing HIV, TB patients in Afric=
a" (November 30, 2009)
http://www.winnipegfreepress.com/local/grannies-say-canada-failing-hiv-tb-p=
atients-in-africa-78118597.html
Canadian Medical Association Journal, "Prominent Canadians lobby for drug a=
ccess reform" (December 1, 2009)
http://www.cmaj.ca/earlyreleases/4theRecord.shtml
Burlington Post, "Affordable medicine: a human right or a commodity?" (Nove=
mber 27, 2009)
http://www.burlingtonpost.com/news/article/288142
Ottawa Citizen, "Keeping our promise to Africa on access to AIDS medicine" =
(April 29, 2009) (4-part feature story)
http://www.ottawacitizen.com/health/Part+solution/1545476/Keeping+promise+A=
frica+access+medicine/1545394/story.html
Ottawa Citizen, "It shouldn't be hard to improve access to AIDS medicine" (=
October 6, 2009)
http://www.ottawacitizen.com/business/shouldn+hard+improve+access+AIDS+medi=
cine/2070197/story.html
Georgia Straight, "Canada's Access to Medicines Regime needs reform" (Septe=
mber 14, 2009)
http://www.straight.com/article-257071/goldis-chami-and-rebecca-goulding-ca=
nadas-access-medicines-regime-needs-reform
__________________________________________
Richard Elliott
=A0
Executive Director
Canadian HIV/AIDS Legal Network
Tel: +1 416 595-1666 ext. 229 | Fax: +1 416 595-0094
relliott@aidslaw.ca | www.aidslaw.ca
Children Can't Wait! Dying for Drugs in Developing Countries - see www.aids=
law.ca/camr
Directeur g=E9n=E9ral
R=E9seau juridique canadien VIH/sida
T=E9lephone : +1 416 595-1666 (poste 229) | T=E9l=E9c. : +1 416 595-0094
relliott@aidslaw.ca | www.aidslaw.ca
Les enfants ne peuvent attendre! Le manque de m=E9dicaments tue, dans les p=
ays en d=E9veloppement - voir www.aidslaw.ca/rcam