[Pharm-policy] Canada to win early working - but lose on stockpiling

[James Love]

It appears as though the WTO will approve the so called "Bolar" early
working exceptions for Canada, that relate to the test of products prior
to patent expiration, but that Canada will likely lose on the
stockpiling issue.

   Jamie

	       Report on Business: Canadian 
                   WTO upholds patent rules for generic drugs 
                   SHAWN McCARTHY 
                     
                   01/25/2000 
                   The Globe and Mail 
                   Metro 
                   Page B2 

                   Ottawa -- The World Trade Organization has upheld
Canadian patent rules that allow manufacturers of generic
pharmaceuticals to develop and get approvals for copies of brand-name
drugs that are under patent protection, sources say.

The trade body rejected a European challenge to Canadian rules. A loss
by Canada on the so-called early-working provisions would have delayed
by several years the introduction of lower-cost copies of brand-name
drugs due to come off patent.

                   The WTO interim ruling has not been released
publicly, but sources said Canada won on the key early-working issue.
They said, however, that the trade body ruled against Canada on a
provision that allows generic firms to stockpile copycat products in
anticipation of patent expiry.

                   The Europeans will have the opportunity to make
further arguments to the WTO panel before a final ruling, which is
expected to be released in late February.


    [snip]



James Love, Consumer Project on Technology    
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