Pledges and pitfalls: Canada's legislation on compulsory licensing of pharmaceuticals for export Online publication date: Tue, 03-Oct-2006
by Richard Elliott
International Journal of Intellectual Property Management (IJIPM), Vol. 1, No. 1/2, 2006
Abstract: In May 2004, at the urging of civil society advocates, Canada became the first country to enact detailed legislation implementing the August 2003 decision of the World Trade Organization allowing compulsory licensing of pharmaceutical patents in a WTO Member for the purpose of exporting lower-cost generic products to countries lacking sufficient capacity to manufacture their own pharmaceuticals. The Canadian legislation contains some positive features that should inform law-making elsewhere. However, it also falls short of taking full advantage of flexibilities permitted under WTO law and also contains several unnecessary, 'TRIPS-plus' provisions that should be avoided in other jurisdictions implementing the WTO Decision to promote access to more affordable medicines for all.
Online publication date: Tue, 03-Oct-2006
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Intellectual Property Management (IJIPM):
Login with your Inderscience username and password:
Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.
If you still need assistance, please email firstname.lastname@example.org