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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.

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    Last Cheaper AIDS Medicines For Rwanda Under WTO

    Published on 17 September 2009 @ 10:52 pm

    Intellectual Property Watch

    The 18th of September will mark the last shipment of lower-cost HIV/AIDS medicines from Canada to Rwanda under a World Trade Organization-sanctioned arrangement. The first shipment of the antiretroviral combination drug manufactured by Canadian pharmaceutical company Apotex was sent in September 2008, the second one had to take place in September 2009. The shipments were made possible through Canada’s Access to Medicine Regime (CAMR) set up to implement the so-called WTO “30 August 2003 decision,” or “paragraph 6″ implemention. This decision allows WTO members who produce pharmaceutical products under compulsory licence to ship a majority of it to developing countries lacking production capacity. Before this, TRIPS said that drugs produced under CL had to be for “predominately” domestic use. The decision became an amendment of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in December 2005.

    According to the Canadian HIV/AIDS Legal Network, Apotex has said it will not make further attempt to use the Canadian access regime, blaming the long procedure it took to obtain a single licence authorising the shipment of a single AIDS drug to a single developing country. “In its current form, CAMR is unlikely to be used again due to the procedural requirements it puts on developing countries and generic pharmaceutical manufacturers,” they said.

    Only one compulsory licence has been granted under the 30 August 2003 decision, according to Legal Network Executive Director Richard Elliott, and no other drug manufacturer in Canada is trying to use the opportunity with the current regime.

    A change in legislation would be the only way forward, he said. Two bills currently in the Parliament backed by civil society groups would streamline the CAMR with a simplified “one-licence solution”. This would avoid the current requirement for separate negotiations with patent-holding pharmaceutical companies for each purchasing country and each order of medicines.

    HIV/AIDS Legal Network Q&A here [pdf]

    WTO information page here.

    Categories: IP Live, English

     


    Leave a Reply

    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.