October 1, 2003

Joint statement on Canada's efforts to amend the Patent Act to increase access to generic medicines

The undersigned organizations support and welcome the efforts of the Canadian government to amend its Patent Act in order to permit Canadian generic companies to manufacture medicines under compulsory license for export to poor countries.

In amending its Patent Act, Canada could provide the first "test" of the compromise decision taken by World Trade Organization (WTO) members on August 30, 2003 ("the August 30 Decision"). The August 30 decision is a temporary waiver to allow countries to export medicines produced under a compulsory license under certain conditions.

As such, the Canadian government will be setting a precedent and must ensure that the amendment to their Patent Act is broad and flexible, and does not incorporate any restrictions that contravene efforts to increase access to medicines for sick and dying people.

Such restrictions would not be in keeping with the August 30 decision, and would be contrary to the spirit and letter of the historic Doha Declaration on the TRIPS Agreement and Public Health, signed November 14, 2001.

In particular, the Canadian government must ensure that the amendment is not limited to use in situations of emergency, is not limited to specific diseases, is not limited to a list of potential importing countries, and includes the manufacture and export of diagnostics and vaccines, as well as medicines.

We call on other governments to follow the example of Canada, and immediately adapt their relevant national laws in order to implement this Agreement in a broad, pro-public health manner.

We also call on Canada and any other governments committed to expanding access to AIDS and other medicines to reject provisions in emerging regional and bilateral trade agreements like the Free Trade Area of the Americas, that would eliminate or limit important public health flexibilities in patent laws, like exporting medicines under a compulsory license.

Moreover, other governments and the pharmaceutical industry should not challenge the efforts of the Canadian government, or any other government that takes similar actions.

ActionAID
ACT UP Cleveland
ACT UP East Bay
Act Up-Paris
ACT UP Philadelphia
Action for Southern Africa, UK
Africa Action, USA
African Services Committee, USA
AIDS Policy Project, USA
AIDS Treatment Activist Coalition, USA
AIDS Treatment Data Network, USA
AIDS Law Unit of the Legal Assistance Centre, Namibia
Aidspan, USA
Artists Against AIDS Worldwide
American Jewish World Service
Beijing AIZHIXING Institute of Health Education, China
Canadian Council for International Co-operation
Canadian Crossroads International
Canadian Red Cross Society
Central Alberta AIDS Network Society
Central Conference of American Rabbis, USA
Colombian Lesbian and Gay Association (COLEGA)
Consumer Project on Technology, USA
Deutsches Institut fuer Aerztliche Mission, DIFAEM
Dignitas International
Doctors Without Borders/Medecins Sans Frontieres
EcoNews Africa, Kenya
Egyptian Initiative for Personal Rights, Egypt
Essential Action, USA
European AIDS Treatment Group
Fondation Femme Plus, Democratic Republic of Congo
Fondazione Villa Maraini, Italy
Foundation for Integrative AIDS Research, USA
Gay Men's Health Crisis, USA
Global AIDS Alliance, USA
Health GAP (Global Access Project), USA
Imbiza Intersect Coalition, South Africa
Institute for Agriculture and Trade Policy
Instituto Latinoamericano de Servicios Legales (ILSA), Colombia
Interagency Coalition on AIDS and Development
International Commission of Jurists
INTERSECT, USA
Keep a Child Alive, USA
Kenya AIDS Intervention/Prevention Project Group, Kenya
Kenya AIDS Intervention/Prevention Project Group, International
Kenya Coalition for Access to Essential Medicines
Latino Commission on AIDS, USA
Lowell Community Health Center, HIV Department, USA
Mano a Mano, USA
Maryknoll Office for Global Concerns
McGill International Health Initiative, Canada
Medical Reform Group of Ontario, Canada
Middle East ChildrenŐs Alliance, USA
National Association of People with AIDS, USA
National Union of Public and General Employees (NUPGE), Canada
Northwest Coalition for AIDS Treatment in Africa, USA
Oxfam International
Partners in Health, USA
PatentWatch Project, USA
Physicians for Human Rights, USA
Positive Art, South Africa
Positive Life Association of Nigeria
Positive Women's Network, South Africa
Priority Africa Network
Project Inform, USA
RESULTS Canada
Search for a Cure, USA
Students Against Global AIDS, Canada
Student Global AIDS Campaign, USA
Thai Treatment Action Group, Thailand
Title II Community AIDS National Network, USA
Washington Office on Africa, USA