[Yhjusticenet] FW: Follow-up on exporting generic drugs for HIV/AIDS

[Athabasca United Church]

Bruce Jackson DM
Athabasca United Church
Ph 780 675 2341
e-mail: athabascaunitedchurch at telus.net
4817 - 48 St.
Athabasca, Ab.  T9S 1R3

Remember the Root of War is fear. (Thomas Merton)
  "When I dare to be powerful - to use my strength in the service of my
vision, then it becomes less and less important whether I am afraid."  Audre
Lord 1934-1992


-----Original Message-----
From: cecilefausak at telus.net [mailto:cecilefausak at telus.net] 
Sent: October 4, 2007 12:59 PM
To: papajaxn at telus.net
Subject: Follow-up on exporting generic drugs for HIV/AIDS

Hi Bruce,
Maybe this could be sent to the justice network.
This is follow-up news to the petition, then legislation regarding export of

generic HIV/AIDS drugs. Finally some action.

In peace,
Cecile

----- Forwarded message from Africa InfoServ <infoserv at africafiles.org>
-----
    Date: Thu, 27 Sep 2007 20:38:30 -0400
    From: Africa InfoServ <infoserv at africafiles.org>
Reply-To: Africa InfoServ <infoserv at africafiles.org>
 Subject: No. 16127: First compulsory license under Canadian legislation on 
exporting generics -- AIDS and Health
      To: cecilefausak at telus.net

AfricaFiles 



Title: First compulsory license under Canadian legislation on exporting
generics 
Author: Richard Elliott 
Category: AIDS and Health 
Date: 9/24/2007 
Source: Canadian HIV/AIDS Legal Network 
Source Website: www.aidslaw.ca; http://strategis.gc.ca
<http://www.africafiles.org/database/www.aidslaw.ca;%20http://strategis.
gc.ca>  

Summary & Comment: This tiny breakthrough shows how slowly and
cumbersomely the bureaucracy is on this new legislation. And what a lot
of advocacy it took by the Canadian HIV/AIDS Legal Network to achieve
it! letter from Richard Elliott Executive Director Sept 20th. No pills
have moved yet. It still depends on an Apotex agreement with Rwanda for
a generic, fixed-dose combination product (AZT+3TC+NVP). JK 


  _____  



First compulsory license under Canadian legislation on exporting
generics 

Monday, September 24, 2007 

Dear colleagues: 

As noted below (and at the link provided), yesterday the Canadian
Commissioner of Patents issued the first compulsory licence under the
country's legislation on compulsory licensing for export. This is the
first compulsory licence issued under any national legislation
implementing the WTO General Council Decision of 30 August 2003. This
follows Rwanda's notification in July of this year to the WTO of its
intent to use the August 3th, 2003 decision to import a generic product,
potentially from Apotex, the largest generic manufacturer in Canada. It
now remains to be seen whether, following requisite government
procurement practices, Rwanda will conclude an agreement with Apotex for
this generic, fixed-dose combination product (AZT+3TC+NVP). 

While welcoming this latest development, the Canadian HIV/AIDS Legal
Network recalls that it has been over 4 years since the adoption of the
WTO's decision in August 2003, and over 3 years since the adoption of
Canada's law implementing that decision. This is not the "rapid"
response that is needed to address the lack of access to affordable
medicines in developing countries. Nor is the Canadian legislation, or
the underlying WTO decision, the "flexible" solution that is needed to
ensure countries lacking sufficient pharmaceutical manufacturing
capacity can "make effective use of compulsory licensing", which is what
was called for and was promised in the 2001 Doha Declaration on TRIPS
and Public Health.  

The Legal Network has consistently called, and continues to call, for
amendments to Canada's legislation that would streamline the process for
compulsory licensing and remove unnecessary restrictions, thereby
increasing the likelihood that other developing countries and other
generic manufacturers can and will use the legislative regime in future.


For a detailed analysis of Canada's legislative regime, and concrete
amendments that have been proposed, see: 
"Getting the Regime Right", our brief to a Parliamentary committee that
recently reviewed the legislation, at:
http://www.aidslaw.ca/publications/publicationsdocEN.php?ref=705 . 

Richard Elliott 
Executive Director 
Canadian HIV/AIDS Legal Network 
www.aidslaw.ca <http://www.aidslaw.ca/>    

Commissioner of Patents authorizes the manufacture of an anti-viral drug
to Rwanda    

On September 19, 2007, the Commissioner of Patents granted to the
generic drug company, Apotex, Inc. an authorization to manufacture a
pharmaceutical product used in the treatment of HIV/AIDS for export to
Rwanda. This first authorization falls under Canada's Access to
Medicines Regime (CAMR), which was established as a result of amendments
to the Patent Act  and the Food and Drugs Act, and the adoption of the
Use of Patented Products for International Humanitarian Purposes
Regulations. 

These amendments resulted from an August 2003 World Trade Organization
(WTO) Decision on Access to Medicines that waived certain international
trade obligations relating to patented drugs and medical devices. These
obligations were thought to be barriers to developing and
least-developed countries' access to affordable treatments. CAMR allows
the Commissioner of Patents to authorize, under section 21.04 of the
Patent Act, the use of inventions pertaining to Canadian patents in
order to facilitate the provision of pharmaceutical products to
developing nations facing public health crises such as AIDS, malaria and
tuberculosis. 

Drugs exported under CAMR must meet the same safety, efficacy and
quality 
standards as those approved for sale in Canada.

For further information see: 
http://strategis.gc.ca/sc_mrksv/cipo/new/new-e.html#sep19b  




  _____  


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