E-DRUG: new Canadian Bill on generics
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European AIDS activists support Canadian Bill C-9 on generics and demand
Prime Minister to fix �shortcomings� to not �undermine the effectiveness of
Canada�s Initiative�
Canadian Prime Minister Paul Martin is receiving strong support from
European AIDS activists hailing the move to amend the national legislation
in order to allow export of generic medicines to countries in need.
This will include HIV treatments, as despite that more than 40 million
people are living with HIV in the world, only 5% of them has access to
therapy because of the price, resulting in more than 5 millions deaths only
in 2003.
In a letter sent to Martin by the European AIDS Treatment Group (EATG) and
cosigned by other organisations, AIDS advocates write that �the initiative
could make a significant difference in the lives of millions of poor people
needing affordable medicines, and Canada will set a global precedent with
this legislation.�
The legal initiative, known as Bill C-9, will amend the Canadian Patent and
the Food and Drug Act. Activists ask Martin to use C-9 to correct the
�shortcommings� of previous Bill C-56 that �represent serious flaws that
will undermine the effectiveness of Canada�s Initiative�. This refers to
some restrictions such as the exclusion of some drugs and countries or the
impossibility that generic manufacturers sell directly to NGO�s.
Activists say that �The Dublin declaration", adopted by delegates from 55
States convened last
month in Dublin by initiative of the Irish Presidency of the European Union,
coupled by the European Parliament resolution UE P5-TA 52 2003, give
European advocates ground for demanding their government to join Canada in
implementing legislation that would allow developing countries to contract
European generic drug producers to provide affordable life saving drugs�.
The �Dublin Declaration� commits the states that have adopted the agreement
to early implementation of the World Trade Organisation decision of 30
August 2003 on improving access of the poorest countries to the medicines
necessary for those living with HIV/AIDS.
The letter sent to the Prime Minister of Canada ends highlighting the great
expectations created by the Canadian initiative and warning that �if Canada
passes legislation that is ineffective and provides unnecessary entitlements
to patent-holding multinational pharmaceutical companies, at the expense of
poor patients in the developing world, the legislation will reflect poorly
on Canada and � most important - will be of little benefit to those who
desperately need access to more affordable medicines.�
The Letter sent to Paul Martin, Prime Minister of Canada:
The Right Honourable Paul Martin
Prime Minister of Canada
House of Commons
Ottawa, Ontario
Canada K1A 0A6
Standing Committee on Industry, Science and Technology
c/o Louise M. Thibault, Clerk
House of Commons
180 Wellington Street
671, Wellington Building
Ottawa, Ontario
Canada K1A 0A6
Dear Prime Minister,
Re: Bill C-9, Act to amend the Patent and the Food and Drug Act to permit
the export of generic medicines to countries in need
We write to congratulate you on assuming the office of Prime Minister of
Canada, and we welcome your public support for an amendment to Canadian
patent law that would allow the export of generic pharmaceuticals produced
under compulsory licence to countries in need.
The initiative could make a significant difference in the lives of millions
of poor people needing affordable medicines, and Canada will set a global
precedent with this legislation. As you probably know a �Declaration on
Partnership to Fight HIV/AIDS in Europe and Central Asia� has been recently
adopted by delegates from 55 States convened in Dublin by initiative of the
Irish Presidency of the European Union. Following your example the
declaration commits the states that have adopted the Declaration to early
implementation of the World Trade Organisation decision of 30 August 2003 on
improving access of the poorest countries to the medicines necessary for
those living with HIV/AIDS. The Dublin declaration, coupled by the European
Parliament resolution UE P5-TA 52 2003, give advocates ground for demanding
their government to join Canada in implementing legislation that would allow
developing countries to contract European generic drug producers to provide
affordable life saving drugs.
Since the Canadian initiative will set the reference also for the European
Union and other wealthy countries, we wish to respectfully draw your
attention to some elements of Bill C-9 that could undermine the intended
purpose of the Canadian initiative.
We represent humanitarian organizations, HIV/AIDS organizations, and people
living with HIV/AIDS and their advocates, from Western Europe, Eastern
Europe and Central Asia. We have intervened in the global debates at the
WTO, and we hailed steps such as Bill C-56 (the precursor to Bill C-9,
introduced in Canada�s Parliament last November) as the right way to address
the global crisis posed by HIV/AIDS, and particularly the treatment gap that
the same World Health Organization has recently declared as a public health
emergency. We were also pleased to see from recent media that you recognize
there are �shortcomings� with Bill C-56 as tabled, which makes us even more
confident in sharing with you the main problems we see with Bill C-56 as it
currently stands:
� the provision that would allow patent-holding pharmaceutical companies to
take over contracts negotiated by generic manufacturers with developing
countries and thereby block the issuance of licence to the generic
manufacturer, and to do so every 2 years;
� the existence of a limited list of pharmaceutical products covered by
schedule 1 and a process for amending the schedule that does not adequately
reflect or protect the right of sovereign countries to determine for
themselves when to use compulsory licenses to importing generic
pharmaceuticals;
� the exclusion of some countries from the scheme set out in Schedules 2
through 4, in particularly numerous developing countries facing public
health needs with limited resources;
� the failure to let generics manufacturers supply lower-cost
pharmaceuticals directly to non-governmental organizations delivering health
care in developing countries.
These shortcomings represent serious flaws that will undermine the
effectiveness of Canada�s initiative, but all of them can be remedied. If
so, Canada will set a worthy global precedent that will make a concrete
contribution to saving and extending lives in the developing world. With
this legislation, Canada will become the first country to implement the WTO
decision and the initiative has already received worldwide attention and
strong support.
As global citizens, we urge you to fix the shortcoming underlined in this
letter. If done properly, this is an initiative of which Canada can be
rightly proud. But if Canada passes legislation that is ineffective and
provides unnecessary entitlements to patent-holding multinational
pharmaceutical companies, at the expense of poor patients in the developing
world, the legislation will reflect poorly on Canada and � most important -
will be of little benefit to those who desperately need access to more
affordable medicines.
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