Canada a Testing Ground for WTO Patented Drugs Policy: Brand Name v Generic Drugs Again

In August, the World Trade Organization (WTO) announced a decision to allow member countries to export generic copies of patented drugs to impoverished countries that have been overwhelmed by the global health emergency caused by HIV/AIDS, malaria and tuberculosis.   Members' obligations would be waived under the TRIPS Agreement that currently limits the ability of countries lacking manufacturing facilities from importing cheaper generic drugs. Spurred in part by the energetic advocacy of a former Canadian politician, Stephen Lewis (who is now the UN's Special Envoy for AIDS in Africa), on September 25, the federal Government announced its intention to make the necessary changes to the Patent Act. The amendments would give generic-pharmaceutical companies the authorisation, under compulsory licences, to produce some drugs, such as anti-retrovirals, still under patent protection, and to export them to poor countries dealing with health emergencies. Although the reaction from brand name pharma companies was initially sceptical and somewhat negative, on October 1, Rx&D, the voice of the brand name industry, announced that it supported Ottawa's decision to implement the WTO pact and "to strike a balance between addressing the needs of the poorest countries while ensuring the protection of intellectual property." A key challenge for Canadian legislators will be to determine the scope of the proposed patent exemption (e.g. in which circumstances and to which countries exports will be allowed, which health conditions will be included etc.).   Perhaps, even more daunting will be to enact the legislation before the current Parliament prorogues in November to pave the way for a leadership convention that will see Jean Chrétien, the current Prime Minister, succeeded by Paul Martin. For the text of the WTO policy, see: http://www.wto.org/english/news_e/pres03_e/pr350_e.htm. For Rx&D's reaction, the text of a press release can be found at: www.canadapharma.org. For news stories on the political aspects, see: http://makeashorterlink.com/?Z5F721226. http://makeashorterlink.com/?G10852226. Summary by: Clare McCurley