Health GAP
www.healthgap.org

October 20, 2003

Will Canada give in to pharmaceutical industry pressure?

Take action:

Read the alert below and contact the Canadian Embassy in your country. Urge Canada to put public health and access to medicines for all first while making changes to its national patent laws to permit export of generic versions of patented medicines. (See contact information, sample letter, calling script, and background weblinks below.)

Background:

Canada recently announced that it intended to change its patent act in order to implement an August 30, 2003 WTO agreement that would permit export of generic versions of patented medicines from Canada to countries that lack the capacity to make their own. The August 30 agreement came after more than 20 months of WTO negotiations, with pressure from the U.S., EU, and big pharma companies on poor countries preventing quick passage of an easy to use, economically viable solution.

Support for Canada's decision poured in immediately from around the world. (For example, see http://www.aidslaw.ca/Maincontent/issues/cts/patent-amend.htm for a letter of support from medical doctors in Canada and worldwide, and www.healthgap.org/press_releases/03/100103_HGAP_JNT_PS_Canada_export.html for a letter of support from non government organizations.)

But with international support came a demand: that Canadaâs new patent rules be free from the dangerous restrictions and limitations that rich countries and drug companies fought so hard for for during WTO negotiations over the August 30 agreement. These restrictions include:

* Limiting the medicines that could be exported to medicines for AIDS, tuberculosis, and malaria

* Limiting the importing countries to least developing countries, excluding countries with more moderate levels of development

* Limiting use of the new rules only to situations of national emergency or other cases of extreme urgency, disqualifying many countries in need

* Limiting use of the new rules for "humanitarian purposes," potentially eliminating any generic manufacturer that makes a profit--an irrational provision that will discourage participation by generic manufacturers

Adoption of these unnecessary restrictions would undermine WTO members' promise to put public health and access to medicines all first, ahead of the interests of drug companies.

The current situation:

Canada has enjoyed a flood of positive public attention and support because of its decision. But Canada appears to be leaning toward restrictive amendment language that would undermine public health. A recent article in _The Globe and Mail_ revealed that the government is considering permitting only AIDS, tuberculosis and malaria medicines to be exported under the new rules. (See: The Globe and Mail, "Ottawa leans toward limits on cheap-drug distribution," October 16, 2003.)

Canada could be considering other restrictions, as well, but it has not responded to public requests for the government's position. (See www.aidslaw.ca/Maincontent/issues/cts/patent-amend.htm for an open letter to the Canadian government.)

Both the World Health Organization (WHO) and the UNAIDS have urged countries to consider implementing the August 30 decision in a broad and flexible way, without unnecessary restrictions, such as the one Canada is considering regarding disease scope.

During the week of October 20, please contact the Canadian embassy in your country. Here is a sample calling script:

"My name is __________ and I am from __________ (name of country and/or organization). I am gravely concerned that, because of drug company pressure, Canada's efforts to permit export of generic medicines will result in new, unnecessary restrictions.

This will undermine public health and access to medicines. A change in patent rules in Canada that allows export of generics but only applies to a random few diseases, or only a random few countries, or only in a circumstance of national emergency is an unacceptable deal, and one that will undermine Canada's stated public health goals while catering to the interests of the pharmaceutical industry.

We are calling on Canada to reject these restrictions. Does the government support or oppose them?"

If you have to leave a message at the Embassy, remember to leave your name and contact information, and request a reply.

SAMPLE LETTER/FAX FOR CANADIAN EMBASSIES

[Date]

The Hon. ______________
The Ambassador of Canada to ___________
[Address of Embassy]

RE: Avoiding dangerous restrictions to Canda's patent act amendment

Dear Mr./Ms Ambassador:

I support Canada's efforts to adapt its national patent law to implement the August 30 Agreement at the WTO and allow the export of generic versions of patented medicines to countries with insufficient manufacturing capacity. WHO, UNAIDS, and public health and AIDS experts from around the world have urged countries to consider implementing this agreement in a flexible way.

Therefore I am alarmed that Canada is considering limits to the public health problems that would be covered under the new law. ("Ottawa leans toward limits on cheap-drug distribution," _The Globe and Mail_, Oct. 16, 2003)

Canada must not place these or other dangerous limits on the scope of its initiative. It would be disastrous if Canada created legislation that was restricted to AIDS, or any list of diseases, disqualifying medicines for other public health problems that unnecessarily sicken and kill poor people, such as hepatitis, cancer, and diabetes. Likewise, requiring that countries declare a national emergency to benefit from affordable generics will cause needless delays while millions are suffering and dying now.

If Canada compromised now, in response to pressure from the brand-name pharmaceutical companies or the U.S. government, it would be a step backwards in the struggle to win access to medicines for all.

I call on Canada to show real leadership, and adapt its national patent law in a manner that puts public health first, implementing the August 30 agreement and the Doha Declaration on TRIPS and Public Health in good faith, and without dangerous, unnessary restrictions.

I appreciate your immediate response to this urgent request.

Sincerely,

[Name and contact information]

For the contact information of Canadian Embassies worldwide, go to this webpage: http://www.embassyworld.com/embassy/canada.htm

Resources for more information regarding the struggle for export of affordable generic medicines:
http://www.aidslaw.ca/Maincontent/issues/cts/patent-amend.htm

Recent media articles regarding Canada's decision:
http://www.cptech.org/ip/health/c/canada/

Don't forget to let us know how your calls are going: contact Asia Russell, Health GAP, at +1 267 475-2645 or asia@healthgap.org.