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    Canada, EU Acting On Public Health Exceptions To WTO IP Law

    Published on 15 October 2007 @ 10:19 pm

    Intellectual Property Watch

    By David Cronin for Intellectual Property Watch
    Canada has become the first country to notify the World Trade Organisation that it has allowed a drugs firm to use an international scheme for manufacturing generic versions of patented medicines introduced four years ago. Meanwhile, the European Union this week is continuing a debate over whether to adopt the international rules.

    In August 2003, the WTO gave poor countries the possibility to import versions of patented drugs made under a compulsory license in cases of a public health emergency and where the manufacturing capacity of their domestic industry is lacking. WTO rules were amended to permanently reflect this in December 2005.

    The Ottawa government has told the WTO’s headquarters in Geneva that it has authorised the Canada’s largest pharmaceutical firm Apotex to make TriAvir, an HIV/AIDS treatment drug.

    The medicine is to be exported to Rwanda, which stated in July that it wishes to import 26,000 packs of TriAvir over a two-year period, making it the first poor country to seek to invoke the 2003 decision (IPW, WTO/TRIPS, 20 July 2007), which waived parts of the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) in urgent public health situations.

    TriAvir is a single-dose combination of three drugs: Zidovudine (300 milligrams), Lamivudine (150mg) and Nevirapine (200mg).

    Under the terms of the authorisation, Apotex will make 15.6 million tablets for export to Rwanda. Information on each shipment, including the quantities involved, will be posted on the company’s website (apotex.com).

    Alexandra Heumber, an access to medicines campaigner with the humanitarian organisation Médecins Sans Frontières (MSF) welcomed Canada’s move, though pointed out that Rwanda already imports generic versions of TriAvir from India.

    “We still want to see the price that Apotex will offer to Rwanda,” she said. “It is welcome that after four years of negotiation, Canada has finally succeeded in using this [August 2003] mechanism but this will only have a real impact if the price of the medicine is lower than the current one [of Indian-made generics].”

    Meanwhile, the European Union’s three main institutions are to hold formal talks later this week (17 October) on whether the 27-country bloc should approve the WTO agreement on access to medicines dating from December 2005 that gave permanent effect to the August 2003 decision (IPW, WTO/TRIPS, 6 December 2005).

    This week’s discussions will involve members of the European Parliament (MEPs) and representatives of EU governments and the European Commission.

    MEPs have said they are not satisfied with replies they have received from Portugal, the current holder of the EU’s presidency, and the Commission on questions relating to access to medicines for the poor.

    In July, the Parliament adopted a resolution stating that EU countries were free to use all exceptions to TRIPS to produce generic drugs for and export them to poor countries. MEPs are also asking EU governments to ensure that the Commission does not impede any government from using these exceptions.

    The 2005 agreement has to be accepted by two-thirds of the WTO’s 151 members by 1 December if it is to come into effect.

    After previously deciding to postpone its assent for the agreement, the Parliament is scheduled to the return to the matter at a plenary session on 22 October. The question of whether it will approve the agreement then is likely to depend on the outcome of the talks with the other EU institutions.

    David Cronin may be reached at info@ip-watch.ch.

     


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.