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Industry committee  That's right. The WTO waiver set out or imposed requirements on both the exporters that would send the drugs to countries in need and the importing countries that would receive them. One of the requirements, as set out in article 4 of the WTO decision, is that importing countries

November 1st, 2010Committee meeting

Mona Frendo

Industry committee  Article 4 of the WTO waiver--or the WTO decision, as we've being using those terms interchangeably--talks about the obligations that importing countries shall take. I can quote it for you, but basically they are measures they must take to prevent trade diversion. If they import

November 1st, 2010Committee meeting

Mona Frendo

Industry committee  I'll try to answer that. Paragraph 21.03(1)(a) of the Patent Act, which has been struck out—but then effectively some sort of mechanism has been reinserted—is the process of amending schedule 1, the list of drugs for export. Paragraphs 21.03(1)(b) to (d) and subsection 21.03(2)

November 1st, 2010Committee meeting

Mona Frendo

Industry committee  It would eliminate the government's ability to remove from this eligible importers list countries that permit imported products to be used for commercial purposes contrary to the humanitarian objectives of the WTO waiver. It would eliminate the government's ability to remove cou

November 1st, 2010Committee meeting

Mona Frendo

November 1st, 2010Committee meeting

Mona Frendo

Industry committee  Clause 3 of Bill C-393 would remove the process that's currently in the Patent Act for adding or removing products from schedule 1, the list of eligible drugs for export under Canada's access to medicines regime. That process currently involves the Governor in Council making chan

November 1st, 2010Committee meeting

Mona Frendo

Industry committee  I think that's correct that there is now a process or that there has been reinserted, effectively, the process for amending schedule 1 for the list of products.

November 1st, 2010Committee meeting

Mona Frendo

Industry committee  Clause 4 of Bill C-393 would change the system of authorization that is currently in CAMR to a particular country and to a production of a particular drug. It would change this completely. It would allow the Commissioner of Patents to authorize any person to manufacture more than

October 28th, 2010Committee meeting

Mona Frendo

Industry committee  As I understand it, Liberal amendment 2 would reinsert into the Patent Act a number of requirements for an application to a Commissioner of Patents for export to a developing country in need. Some of those requirements would be the name of the product for export, prescribed infor

October 28th, 2010Committee meeting

Mona Frendo

Industry committee  The simple answer is no. If you revert to the pharmaceutical product definition that is in the Patent Act currently, there is no reference to any ability to add to that list on the recommendation of the Minister of Industry and the Minister of Health. That ability is found in sec

October 28th, 2010Committee meeting

Mona Frendo

Industry committee  If I understand what Liberal amendment 5 does, it restores Bill C-393's schedule of countries; it restores schedule 1 of the Patent Act, which currently lists the drugs that are eligible for export under CAMR, and it references Bill C-393's list of countries as schedule 2. That w

October 28th, 2010Committee meeting

Mona Frendo

Industry committee  Yes, in the sense that.... Section 21.03 of the Patent Act currently refers to schedule 1, the list of drugs, and the process for adding to those drugs on the recommendation of the Minister of Industry and the Minister of Health. Bill C-393 would delete not only schedule 1, but t

October 28th, 2010Committee meeting

Mona Frendo

Industry committee  Not alone, no. Clause 9, on section 21.09, of Bill C-393 and clause 10, on section 21.12, of Bill C-393 would also delete the renewal and that duration of the export, so--

October 28th, 2010Committee meeting

Mona Frendo

October 28th, 2010Committee meeting

Mona Frendo

Industry committee  I'll answer that question by listing the definitions that are currently in CAMR. There are definitions for: “authorization”, “General Council”, “General Council Decision”, “patented product”, “pharmaceutical product”, “TRIPS Agreement”, “TRIPS Council”, and “WTO”. Bill C-393 woul

October 28th, 2010Committee meeting

Mona Frendo