- © 2004 Canadian Medical Association or its licensors
Amendments to federal patent legislation improve the bill but still restrict the generic drugs it would make available to treat HIV/AIDS and other illnesses in the developing world, says Médecins Sans Frontières.
Bill C-9, which amends the Canada Patent Act, is intended to allow generic drug manufacturers to export patented drugs to the developing world — making it cheaper for poor countries to buy essential medicines for their citizens. The legislation is the Liberal government's showpiece response to the AIDS epidemic, particularly in Africa.
But nongovernmental organizations have been lobbying to strengthen the proposed legislation. Initially, the bill contained loopholes that allowed patent holders the “right of first refusal” to match any agreement generic companies had negotiated with a developing nation. That right has now been eliminated.
“The government has moved a long way,” David Morley, MSF's executive director, told a news conference on Parliament Hill April 20.
But the legislation still maintains a narrow list of medications that generic companies can manufacture and export, adds wording that could invite litigation from patent holders, and restricts the number of countries that could benefit from the legislation.
“The list [of drugs] is not necessary and it should be removed,” Morley says.
For example, tenofovir — a common antiretroviral that MSF doctors are using to treat HIV/AIDS — is not on the list. Nifurtimox, used to treat sleeping sickness, is also absent. Adding a new drug to the list involves a “cumbersome and bureaucratic” process, say Morley and the other nongovernmental agencies.
They hope to influence more changes to the bill, which is before the Standing Committee on Industry. A final vote is expected this spring. — Laura Eggertson, CMAJ