An Act to amend the Patent Act (drugs for international humanitarian purposes)

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Hélène Laverdière  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Nov. 28, 2012
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Patent Act to make it easier to manufacture and export pharmaceutical products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 28, 2012 Failed That the Bill be now read a second time and referred to the Standing Committee on Foreign Affairs and International Development.

Access to MedicinesPetitionsRoutine Proceedings

November 26th, 2012 / 3:10 p.m.
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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I have a petition signed by just under 100 Canadians, mainly from Quebec and a few from Ontario, regarding Bill C-398, which is supported by the Grandmothers Advocacy Network. That network is urging all members of the House to support Bill C-398 to amend Canada's access to medicines regime, thereby giving people in underdeveloped countries greater access to these lower-cost medicines in order to help fight against diseases like HIV-AIDS.

Access to MedicinesPetitionsRoutine Proceedings

November 26th, 2012 / 3:10 p.m.
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Conservative

Ron Cannan Conservative Kelowna—Lake Country, BC

Mr. Speaker, I rise to present a petition on Bill C-398, Canada's access to medicines regime, signed by constituents in my riding of Kelowna—Lake Country, as well as other British Columbians, calling upon the government to make life-saving, affordable medicines more accessible in developing countries.

Access to MedicinesPetitionsRoutine Proceedings

November 23rd, 2012 / 12:05 p.m.
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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I have another petition signed by almost one hundred Canadians, mostly from Quebec and Ontario, who are urging members of Parliament to vote in favour of Bill C-398. This bill would amend Canada's access to medicines regime and, among other things, better assist people living in underdeveloped countries with the fight against HIV-AIDS.

Patent ActPrivate Members' Business

November 21st, 2012 / 7:35 p.m.
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NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, in the last few months I have heard from many stakeholders about Bill C-398. I have met with brand name and generic pharmaceutical companies. I have met with NGOs. I have met with so many Canadians who want to see this bill passed. In the last week, alone, I have received over 2,800 emails of support in my office. The grandmothers have collected over 23,000 signatures in support of this bill through their cross-Canada petitions.

Bill C-398 has the support of more than 80 international NGOs, including Médecins sans Frontières, Apostolic Faith Mission in Lesotho, the Church of Scotland, and the U.K.'s Stop AIDS Campaign. Within Canada, there are over 250 NGOs and community groups in support of this, including World Vision, Results Canada, AQOCI, Care Canada, UNICEF, Oxfam, and organizations, such as the City of Prince Albert and the HIV Network of Edmonton. We have the support of faith leaders across the country.

We know that generic manufacturers support this bill, and they are ready to provide a one-dose AIDS medication for children should this bill become law. Importantly, the brand name pharmaceutical companies of Canada have written to us to say that they do not oppose this legislation.

Like us, like all the others, Rx&D want to make CAMR work. They have stated their guiding principles and we are in agreement with them. These include transparency with respect to the product and the amount of product. We agree, and Bill C-398 addresses this. They want to see flexibility with respect to the amount of product that is sent overseas so there will be enough to meet public health needs, and of course we agree with that. Their concerns about anti-diversion are fair, and they are addressed in the legislation. Their concerns about eligible countries are fair, and we are open to discussing that at the committee stage. Like them, we agree that the products should be approved by Health Canada. In fact, Bill C-398 does not change that. Finally, they speak of the principle of an appeal mechanism, which is also fair. We have no problem with that.

Like hundreds of NGOs, and like most Canadians, 80% like the generic companies. The brand name pharmaceutical industry is ready to see this bill at the foreign affairs committee. My colleagues across the aisle should be ready for that too.

In fact, the only people who seem to oppose this legislation are some colleagues on the other side, who have been misinformed through outdated and misguided talking points. Their opposition to the bill is based on incorrect information or a lack of information.

In this respect, I was a bit surprised to hear the parliamentary secretary on the matter and to realize the Minister of Industry does not seem to know the industry is on board with this bill. That is a bit surprising. I have heard things, such as the bill removes the need for notification of quantities and things like that. I am flabbergasted. Have these people read the bill? The bill does not do that.

I heard very briefly that it would be costly to the economy. That is not the case. I have heard that CAMR works, but people who are involved in it say it does not work, that it does not change the economics of drug supply. That is wrong. Competition brings the prices down. A portion of medicines are already generic, but this bill is aimed at those medicines that are not generic. I will not go down the list, because unfortunately I do not have time.

It is so important that we, as parliamentarians, vote on this bill based on the correct information. It would be a very sad day if my colleagues on the other side of the House refused to join the consensus that includes pharmaceutical companies and 80% of Canadians.

I urge them to remember when they vote that this bill would save lives. I encourage all of my colleagues to take the time to study the bill. My door is open to them. Next Wednesday, let us vote for life, let us vote for CAMR reform.

Patent ActPrivate Members' Business

November 21st, 2012 / 7:25 p.m.
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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is an honour to stand in this place and speak to private member's Bill C-398. At the outset I would like to thank our parliamentary secretary, the member for Edmonton—Mill Woods—Beaumont, for his longstanding work within the autism community. We understand his passion for doing the right thing in the case of autism, and we also know his compassion not just for the underprivileged and those in need here in Canada but also around the world. I want to thank him for his involvement in this debate.

Our government is committed to fighting public health challenges in the developing world and we support the underlying humanitarian objectives of Canada's access to medicines regime. We are of the view and accept that the bill is well-intentioned. We believe that those who drafted the bill have tried to fix a worthy cause, but make no mistake, the bill fails and falls far short. These amendments will not deliver on the stated objectives listed. They will not deliver more affordable medicines to the developing world and will not save lives.

This is the type of bill that I have often thought is an ideal one for the opposition. It is a bill by which the opposition members can find and bring forward a cause with passion, but when we study it and see what it will accomplish, it will end up hurting the cause.

There has never been a government in Canada that has implemented this type of bill, for very good reason. It can cause great harm and in the long run let people down. I am disappointed to say that Bill C-398 will not enable us to deliver more medicines to those who need them in the developing world. Instead, it may be a hindrance.

Even if the bill passes, Canada would not be an affordable source of medicines for the developing world. We will simply not be able to compete on price with emerging markets, as our parliamentary secretary pointed out. In fact, according to data from the World Health Organization, India is the largest supplier of antiretrovirals to developing countries. It supplies an estimated 80% of donor funded antiretrovirals to the developing world.

Bill C-398 will not address any of these realities of the lower costs in emerging markets. Developing countries will continue to choose available lower cost alternatives, and while Canada boasts a world-class generic pharmaceutical industry with high manufacturing standards and an acknowledged commitment to supporting access to medicines initiatives in the developing world, its strength is not to compete on price with countries such as India, South Africa and China.

This is particularly the case for the supply of low cost HIV-AIDS products. Generic manufacturers in the countries mentioned are able to price their products for less on average than any developed country can. That includes us in Canada. The major international procurement efforts for the developing world are focused almost exclusively on those emerging markets mentioned by our parliamentary secretary.

The Canadian generic pharmaceutical industry stated in its testimony before the House of Commons standing committee in 2007 that it had neither the ability nor the inclination to become “the generic breadbasket to the developing world”. The bill does not change that. The Canadian access to medicines regime is still available to countries that need it. Canada is the only country to have used this tool to export medicines successfully.

Prior to Canada using the regime to import drugs in 2007, there is the example of Rwanda that my colleague pointed out, which was already procuring generic HIV drugs, primarily from India, at a steadily declining price. Today Rwanda does not need Canada's access to medicines regime for those drugs. Canada can be involved in many other ways. India is now supplying Rwanda with the same product produced by Apotex under Canada's access to medicines regime at a much lower price than we would provide.

That is not to say that Canada no longer has a role to play in Rwanda. Our government continues to be a significant contributor to the global fund, one of the key development partners supporting the HIV-AIDS response in Rwanda. The work of the global fund and other funding mechanisms have generated significant improvements to the AIDS response in Rwanda. According to recent World Health Organization guidelines, Rwanda has one of the highest rates of antiretroviral coverage, reaching almost 90% in 2010 from 13% in 2004. HIV prevalence is now less than 3% in the general population of Rwanda. That is a remarkable success story.

The conclusion to be drawn from the Rwandan scenario is that, when there is a need for them, the tools we have work. Canada's access to medicines regime did its part to help the Rwandan people, as did Canadian and partner funds put towards purchasing generic drugs from countries with competitive pricing. While the government's commitment to addressing public health problems in the developing world is unwavering, we have significant concerns that Bill C-398 would result in the elimination of many elements of the regime that hold it in balance.

The approach proposed in Bill C-398, the so-called “one-licence” solution, would hinder innovation and research in Canada. In addition, many of the bill's proposed changes would violate our international trade obligations. The approach suggested by the bill would allow the Commissioner of Patents to grant an export licence without first verifying whether the importing country has made the necessary notification. In fact, a licence would not only be issued without knowing where the product will be shipped and the identity of the buyers, but also with no indication of the amount being purchased. This would cause serious transparency problems and would increase the potential for the diversion of drugs away from the people who need them the most.

The bill would also remove protections that provide incentives for research into new and innovative drugs and medical devices. This research benefits all Canadians by improving our knowledge, generating research infrastructure and creating more highly paid skilled jobs in Canada. It leads to innovations that will help people live longer, healthier and more productive lives. It is also key to our international humanitarian efforts as we strive to develop medicines that will benefit those in need.

Canada's access to medicines regime and regimes like it are only one tool in the global box. When evaluating the system, it makes much more sense to look at results, namely, whether the global supply of lower-cost medicines has increased based on Canada's leadership.

It has been said before, but I would like to remind the House of some of the remarkable statistics that show how Canada's support for global initiatives has made a difference in the treatment of public health problems in the developing world. Canadian taxpayers have provided $540 million to the Global Fund to Fight AIDS, Tuberculosis and Malaria in 2011-12. Through this fund, 3.6 million people living with HIV-AIDS currently receive antiretroviral treatment.

It is a worthy cause with the right intentions without a doubt. Those who support this have a passion to see people helped. However, we need to do it in a way that is sustainable and productive, a way that keeps our treaties with those countries over the long term and would not push us to the periphery.

Patent ActPrivate Members' Business

November 21st, 2012 / 7:15 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I am honoured to have the privilege today to speak to this incredibly important bill on behalf of my constituents from Surrey North.

The bill was put forward by my colleague from Laurier—Sainte-Marie. Bill C-398 is an act to amend the Patent Act, basically drugs for international humanitarian purposes. It is known as medicines for all.

If passed, the bill will ensure affordable treatment for diseases, such as HIV-AIDS, malaria and TB, for the world's poorest who are suffering and dying without treatment for these and other diseases because they cannot afford medicines.

One child dies every three seconds in the world for the want of quality treatment medicines. One in two children born with HIV will die before his or her second birthday.

In Sub-Saharan Africa, 22 million people are currently infected with HIV-AIDS. It is an area that has been the hardest hit by this pandemic. It has 68% of the global total and 90% of the world's children with HIV-AIDS. HIV impedes maternal health and is responsible for an additional 61,000 deaths of mothers per year. Only one-third of the patients living with HIV-AIDS who need treatment receive it, and children are the most underserved group.

We know that Canada's access to medicine regime, known as CAMR, is broken and that it needs to be fixed in order to allow Canadian generic drug companies to send life-saving medicines to people who so desperately need them. That is precisely what the bill would do. It would simply fix the existing regulations that are mired in red tape. The bill would get rid of the unnecessary red tape that prevents CAMR from fulfilling its own mandate. CAMR is supposed to allow for the export of the generic versions of pharmaceuticals to developing countries but it is broken. The New Democrats are proposing this practical solution to fix this for once and for all.

Generic competition is the single most important factor in reducing the price of medicines for these people. In the case of some HIV-AIDS drugs, generic competition has reduced the prices by as much as 95%.

Gains have been made in the treatment for people living with HIV-AIDS but only one-third of those who need treatment actually receive it. In some countries, access to treatment is being reduced rather than increased.

When it comes to HIV-AIDS, cheap medicine is the prevention. Research has shown that early and aggressive treatment of HIV infected individuals with antiretroviral drugs, also known as ARVs, reduce the transmission of disease by 96%.

Bill C-398 is one tool at our disposal to ensure that affordable treatment reaches as many of the world's poor as possible. We, in this House, have the power to make this happen and I would strongly urge and argue that we have an obligation to make this happen. I urge members across the aisle to urgently pass the bill. It is my sincere hope that members from all parties will support this legislation. This is a moral imperative. It is a matter of conscience. It is a matter of compassion. It is basic humanity.

The bill proposes a reasonable, one licence solution that would allow generic manufacturers to supply approved medication to any eligible country on the WTO list of countries that are in need of affordable medicines.

This need is dire. CAMR is broken and it is failing to meet its goal. In five years, CAMR has been used only once to supply a single order of three in one AIDS medicines to Rwanda, but this one instance required years of effort and was so complicated that CAMR has not been used since then.

This needs to be fixed. For a solution that we already have in place, it has taken far too long. We can provide those drugs to those nations.

The bill already passed in the House of Commons with a healthy majority in March 2011, but sadly it died on the order paper in the other place. Again, I respectfully ask my colleagues on all sides of the House to help ensure that this time the bill passes in the House. It needs to be passed in an urgent way. It just makes sense to me. That is why 80% of Canadians support this initiative. That is why organizations such as UNICEF, World Vision Canada, the United Church of Canada, the Federation of Medical Women of Canada, the YWCA and the Canadian Federation of University Women support this initiative.

The bill would not cost any money to taxpayers either, not a penny. We can provide access to affordable, quality medicines to enable people in African countries and other developing nations to survive and thrive, without costing Canadian taxpayers a cent. Also, the market for medicines in poorer countries represents a very tiny portion of global sales for brand name pharmaceuticals. For example, the entire continent of Africa totals about 2% of their sales. Canada's largest generic pharmaceutical manufacturer, Apotex Inc., has publicly committed to making a three-in-one AIDS drug suited for children in developing countries if CAMR is reformed.

CAMR reform would also be fully compatible with the World Trade Organization's regulations and treaties. The WTO has repeatedly stated that compulsory licensing to increase the supply of affordable medicines to poorer countries is in keeping with WTO regulations and international legal experts endorse this position.

We can help restore Canada to a position of leadership in terms of our response to these global public health crises. Public health crises including HIV-AIDS, TB and malaria represent massive human, social and economic burdens for developing countries, significantly impeding their development. Only one-third of the patients living with HIV-AIDS who need treatment receive it, and I have said that children are the most underserved within this group. The need for treatment is increasing, yet funding is shrinking. The global fund that helps fund HIV-AIDS, TB and malaria is under particular strain. CAMR reform would encourage further generic competition, which would in fact enable the global fund and governments to stretch their limited dollars further.

The bill would be one tool at our disposal to ensure that affordable treatment for diseases such as HIV-AIDS, malaria and TB would reach as many of the world's poor as possible. We made a promise to developing countries when we established CAMR. We have failed in that promise. It is time to right the wrong for the sake of those who are suffering without the medicine they need so badly and for developing countries that are in desperate need of affordable medicines to address public health crises.

I again urge the House to unite in a global cause so that we can make a difference in the many parts of the world where help is needed. I urge my Conservative and Liberal colleagues and all members of the House to vote in favour of the bill, so that we can be compassionate and we can look after those who are in need of medicine throughout the world.

Patent ActPrivate Members' Business

November 21st, 2012 / 7:05 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased to stand and speak in support of Bill C-398. As others have said, the bill is an act to amend the Patent Act (drugs for international humanitarian purposes). In summary, the act amends the Patent Act to make it easier for manufacturers and exporters of pharmaceutical products to address public health problems affecting many developing countries and least developed countries, especially those resulting from HIV-AIDS, tuberculosis, malaria and other epidemics.

I have to say that I am somewhat shocked by the words of the parliamentary secretary to the Minister of Industry, who is clearly signalling that the government will be voting against the bill. I do not want to get away from my comments on the bill and its importance, but there is another serious issue here, which is that Parliament is not allowed to work the way it should. If the government has concerns about this private member's bill, then it could bring forward some sensible amendments that might fix some of the problems.

In the previous vote, I did see some courage coming from the government's Conservative backbenchers for a change. A private member's motion passed tonight. That is unusual. It passed because, for once, some Conservative backbench members decided to stand up against the wishes of cabinet.

I would plead with the Conservative backbench members to look at the bill. Does it need changes to address some of the concerns the parliamentary secretary talked about? I would not say that all of his concerns were wrong because they may not be, but the government has the authority, power, legal advice and drafters to assist in making the bill all that it should be. We are not just talking about widgets here. We are talking about lives in other countries. We are talking about people.

I know the parliamentary secretary meant what he said with respect to his concerns in Africa and other countries. I believe him on that point. However, the fact of the matter is that if this place were working properly, it could fix the bill to accommodate the concerns of government and save some lives in the global community. That is what we should be focusing on, not whether or not it meets this little factor or that one.

I was here with Prime Minister Chrétien when the previous bill passed in an attempt to help Africa. It was the right thing to do. However, there were some problems with the technical and regulatory requirements in terms of moving generic drugs into Africa, and we did not achieve Prime Minister Chrétien's intent and objectives because of those overburdening criteria. However, we can fix this bill to do that.

In simple terms, the purpose of the bill is to improve access to needed medicines in developing countries by allowing generic drug companies to make and export essential drugs to a list of countries. Why is that important? Let me turn to a UNICEF Canada fact sheet, which explains it better than I could: increased access to ARV medicines is required for preventing mother-to-child transmission of HIV-AIDS and to treat children who are infected with HIV. These are the facts.

I agree with the parliamentary secretary when he said that some progress has been made. That is true. However, more progress, and rapid progress, needs to be made. We have the ability in the industrialized world, and in Canada, to help out in terms of preventing AIDS, and that is what we ought to be doing.

The facts on mothers is that only 48% of pregnant women receive the most effective regimes for preventing mother-to-child transmission. On infants, only 42% among the estimated 1.49 million infants born to mothers living with HIV received antiretroviral medicine to prevent HIV transmission from their mothers. Children represented 7% of those receiving antiretroviral therapy and 14% of the people who needed it. Of the more than two million children estimated to need antiretroviral therapy, only 23% had access to treatment versus 51% for adults.

The fact sheet goes on to talk about the solution, which is that greater access can be achieved in part by reducing the cost of commodities, such ARV therapy. UNICEF supports this bill and believes it would go some distance to saving lives, which is what is important at the end of the day.

Why, from Canada's perspective, is this bill important? I do not think I can do any better than quote my colleague from Kingston and the Islands when he talked about why it was so important that Canada is one of the main countries that does this. He stated:

Some medicines are expensive and the point of CAMR is to make available to developing countries safe, generic versions of medicines manufactured in Canada and to do it within international rules on trade and on intellectual property rights. It is intended to provide the competitive pressure to reduce the cost barrier to those countries that would never be able to afford the medicine but would greatly benefit from it and where people are in dire need of the medicine. We know that other countries can produce generic drugs but the Canadian product is produced with higher standards in quality control and it will provide competition on that basis.

That spells out why it is important that Canada is a country using, through its authority, its ability to move generic drugs to countries and the people who need it.

In the beginning, I talked about the bill that was introduced in a former Parliament, in 2004, and that some will try to use that as an excuse that there is already a law in place to deal with the problem and ask why the changes in this bill are required. It is quite simple. I, in part, suggested it before. In 2004, Parliament passed a bill, known as the Jean Chrétien Pledge to Africa, that created what is now known as Canada's access to medicines regime, or CAMR. However, evidence has shown that the technical and regulatory matters within the bill have made it less than effective and Bill C-398 would fix those problems.

Canada is part of a global community and we can show the global community that Parliament can act in a responsible way to save lives around the world. If the government, as the parliamentary secretary has said, has concerns, then some amendments should be put forward to address those concerns that industry or whoever may have. We have a responsibility to other citizens around the world.

I urge members on all sides of the House to support this bill and move it forward so we can save lives around the world.

Patent ActPrivate Members' Business

November 21st, 2012 / 6:55 p.m.
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Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I am pleased to speak to Bill C-398, An Act to amend the Patent Act (drugs for international humanitarian purposes), which would amend Canada's access to medicines regime. In considering how I will vote on this bill and my approach moving forward, I will be clear that no one is more to the front my mind than the people in the developing world who need drugs and help.

While the spirit and intentions of this bill are laudable, the proposed amendments would not achieve their intended effects and would prove costly to our economy and damage our credibility in the world. The case for Bill C-398 rests on a few basic myths.

The first myth is that the Canadian access to medicines regime does not work. In fact, Canada is the only country in the world to have used this kind of regime to export medicines. In 2007, it took the Canadian government only 15 days to issue a licence, resulting in the shipment of nearly 16 million tablets to Rwanda for the treatment of HIV-AIDS.

A second myth is that Bill C-398 will save lives. This bill would in fact do nothing to save lives or deliver a larger quantity of essential medicines to developing countries in need. Rather, Canada's approach in funding medicines for those who need them most is saving lives and will continue to do so.

These amendments will not change the economics of drug supply. Less costly alternatives will always be available from emerging markets. Canada is not and will never be a low-cost producer, such as India or other emerging economies. India supplies over 80% of donor-funded antiretrovirals to developing countries.

This is not only about one country. Brazil, Thailand and South Africa also produce a significant amount of affordable medicines. We should not be surprised that even after CAMR was requested and used successfully to send medicines to Rwanda, that country soon found a more affordable alternative source in India.

The bill also ignores what the World Health Organization's panel of independent medical experts from the developed and developing world have said. Over 98% of the medicines on the World Health Organization's list of essential medicines are either generic or not patent protected in the developing world.

Developing countries are telling us that patent protection is not the issue. Despite some improvements in public health, the real challenge facing them is a lack of resources, which is yet another reason they always go for the most affordable source, which will always be the emerging markets.

Canada is addressing the real issue of resources by delivering aid to fight serious public health problems, such as HIV-AIDS, tuberculosis and malaria. Our government's plan to fight disease and deprivation is delivering results through our leadership on key global initiatives. Canada has been a leader in supporting the global fund to fight HIV-AIDS, tuberculosis and malaria. This fund has become one of the most important instruments for countries in need to access lower cost medicines. In 2010, our government pledged $540 million to the global fund, bringing Canada's total commitment to more than $1.4 billion.

Through the global fund, 3.6 million people living with HIV-AIDS currently receive treatment and 1.5 million HIV positive pregnant women receive treatment to prevent mother to child transmission. According to the global fund, Canada is the top contributor on a per capita basis.

Canada has also pledged $149.6 million to the Stop TB Partnership's global drug facility to procure quality assured anti-tuberculosis drugs. Since shipments began in 2009, the number of people receiving modern TB treatment has increased from 32% to 61% of estimated sufferers.

We have pledged $450 million over 10 years to the Africa health systems initiative towards strengthening health systems to ensure that facilities and expertise are in place to make effective use of the medicines we deliver.

Canada has also provided $2.85 billion to champion the Muskoka initiative on maternal, newborn and child health. Through the Muskoka initiative, Canada has taken action to support the provision of medicines, vaccines and the other actions needed to prevent and treat diseases that are the main causes of maternal and child mortality. In Afghanistan, we have trained more than 1,455 health workers. In Mozambique, we have increased the number of women giving birth in health facilities to 64%. In Tanzania, we have provided primary health care services to more than 43 million people.

These and other Canadian-led efforts are yielding positive outcomes. According to the joint United Nations program on HIV-AIDS and the World Health Organization, an estimated 8 million people living with HIV in low and middle-income countries were receiving antiretroviral therapy at the end of 2011. That is a 25-fold increase over the last decade, and I do not want that number to be skipped over.

According to the World Health Organization, the number of people receiving proper treatment for tuberculosis has almost quadrupled, from 1.9 million in 2000 to 7.7 million in 2010, and the incidence rates are declining worldwide.

We have a proven track record and we will not rest while millions suffer in the developing world.

A third myth is that Bill C-398 would comply with our international obligations. However, it would clearly remove the central protections in our laws. Canadian jobs are at stake as we become less attractive for trade and innovation and lose access to vital international research partnerships that lead to the development of lifesaving medicines in Canada.

The bill would remove the notification requirement, the quantity requirement on licence when issued, the requirement to name the recipient country and application and the eligibility requirements for countries that could use CAMR. All of these would violate our international obligations. There is even a risk of diversion of medicines into the wrong hands rather than go to people in countries who truly need them.

Bill C-398 would also have unintended consequences of creating delays in shipments by introducing more discretion into the regime. Currently, if an application, one, identifies a listed drug and country, two, includes the WTO notification and three, provides information about the relevant patents, the Commissioner of Patents has no choice but to grant the licences. The proposals in Bill C-398 would require the commissioner to exercise discretion regarding eligibility. This could introduce delay and an opportunity for patent holders to challenge the licence in court. Why would we add red tape to the system?

Canada's approach is addressing the real problem by leading global initiatives to provide medicines against HIV-AIDS, tuberculosis and malaria for those in need. The bill would not deliver more lifesaving medicines. Instead, it would harm our economy and our trade and research partnerships.

It is for these reasons that I urge all hon. members of Parliament not to support Bill C-398, but instead to focus on the many things that Canada is doing that are making a real impact on the lives of the people around the world who most need it.

Patent ActPrivate Members' Business

November 21st, 2012 / 6:40 p.m.
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Liberal

Frank Valeriote Liberal Guelph, ON

Mr. Speaker, like its predecessor, Bill C-398 would amend the Patent Act to facilitate the manufacture and export of generic pharmaceuticals to address public health problems afflicting many developing and least developed countries, countries that most urgently need our assistance.

We know that treatment of AIDS prevents transmission. Science says so. Treatment of this terrible disease with antiretroviral medicines can reduce the total virus load in the body in an HIV sufferer to negligible amounts, which means the next step is to get that man or woman the medicine.

Under the current framework, Canada's Access to Medicines Regime, the compulsory licensing process, which is based not only on the specific kind of drug but also specific quantities, is further complicated by making each of those requirements specific to the importing country. Throughout the entire life of the current legislation only one country benefited, Rwanda, leaving the manufacturing company, Apotex, so frustrated that it stated it would not use CAMR again until it was reformed.

Many of the recipients in greatest need cannot wait much longer. Most recent statistics, which date back to 2010, estimate that 34 million people are suffering from HIV-AIDS, 50% are women, 3.4 million are children and 22.5 million sufferers are in sub-Saharan Africa, among some of the world's poorest, least stable countries. Without effective access to medicines enabling treatment, the numbers keep growing. By the end of 2010, HIV-AIDS accounted for 1.8 million deaths that year, deaths that we have come far enough, scientifically and medicinally, to have avoided.

Years ago I witnessed the terrible impact of this disease, while it ravaged the population of Central America. While doing international aid work in Honduras, I was in San Pedro Sula, which had the highest incidence of AIDS across the continent at the time.

Groups in my riding are well aware of the impact too. An incredibly compassionate community, I am pleased that Guelph is home to Dr. Anne-Marie Zajdlik and the Masai Centre for Local, Regional and Global Health and the “Bracelets of Hope” campaign.

The centre has a really incredible story. In 2003 a young boy named Masai was born to two HIV positive parents, yet through skilful and effective treatment, Masai was born HIV negative, something that would have been nearly impossible had he been born in Africa. Even if he had managed to be born HIV negative, without the proper treatment his parents would likely have joined the growing statistics of AIDS related deaths leaving behind broken families and orphan children.

It is frustratingly simple, really. There is a terrible problem with a workable solution.

The bill before us is substantially the same as the one we passed in March, 2011, but slightly streamlined. Bill C-398 includes the amendment pertaining to the definition of pharmaceutical products, including wording specific to the World Trade Organization General Council's decision of August 2003, reflecting international agreement on eligible drugs. Importantly, it also includes a one licence solution, enabling generic manufacturers to simultaneously sell multiple times to any country listed in schedule 2, cutting down on repetitious and burdensome red tape.

I would like to briefly address four myths about the bill.

The first myth is that the bill would weaken safeguards against the diversion and illegal sale of medicines. In fact, all safeguards currently in CAMR are maintained in the bill, which adds a further requirement for manufacturers to post certain information online that makes the process even more transparent.

The second myth is that the bill would remove measures to ensure the quality of exported medicines. In fact, Health Canada review continues to be required for all drugs exported under CAMR. There is no measure in the bill that would amend the Food and Drugs Act.

The third myth is that the bill would be contrary to Canada's obligations under WTO respecting intellectual property rights. In fact, CAMR and Bill C-398 are the Canadian implementation of agreements reached by all countries at the WTO, including Canada. Leading international legal experts all agree that the one licence solution proposed in Bill C-398 complies with WTO law.

The fourth myth is that like its predecessor the bill would remove the two-year limit on a licence. In fact, this was not carried over to this bill and the limit is not removed.

Also important to remember is that the bill continues the practice that generic manufacturers can only ship certain quantities of drugs. Listed countries must provide a notification of the quantities they need to the WTO. Generic manufacturers are only authorized to provide that notified quantity to those listed countries.

When this bill's predecessor was last before Parliament, I made the appeal that if we did not vote for the bill, we would wake up tomorrow and, as a country, would be no better able to help 7,100 newly-infected people with HIV. Nor would we be in a position to prevent another 7,100 people from becoming infected two days from now.

It is as true now as it was then. The problem has not changed. If anything, it continues to get worse. The solutions are present. It is time we move the bill to committee, make the necessary amendments and start to make a difference in the lives of those who need it most.

I implore all members to support the bill.

The House resumed from October 16 consideration of the motion that Bill C-398, An Act to amend the Patent Act (drugs for international humanitarian purposes), be read the second time and referred to a committee.

Access to MedicinesStatements By Members

November 21st, 2012 / 2:05 p.m.
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NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, tonight we will have the second hour of debate on Bill C-398 before it is referred to a committee.

This bill would help save lives by fighting such illnesses as HIV-AIDS, tuberculosis and malaria in developing countries. It is actively supported by tens of thousands of Canadians.

However, there is misinformation about this bill circulating on the other side of the House.

Bill C-398 would not weaken existing safeguards ensuring medicines are not diverted. The bill would not remove measures to ensure the quality of medicines sent abroad. The bill would not violate Canada's obligation under the WTO.

This bill would save lives. It should not be voted upon on the basis of hearsay and misinformation. If any of my colleagues have questions about the bill, my door is always open to them.

Access to MedicinesPetitionsRoutine Proceedings

November 19th, 2012 / 3:10 p.m.
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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I would like to table a petition on behalf of hundreds of Canadians, many of them from Ottawa but also from the western provinces, B.C. and Manitoba in particular. The petition is by the Grandmothers Advocacy Network encouraging members of this House and the government in particular to support Bill C-398, a bill to amend Canada's access to medicine regime to allow people in Africa, principally but not only there, who suffer from treatable diseases such as HIV-AIDS, malaria and tuberculosis to receive medicines that are not priced exorbitantly. The petition also encourages those members who voted in the past for Bill C-393, which passed the House but did not get through the Senate, to consider supporting Bill C-398.

Access to MedicinesPetitionsRoutine Proceedings

November 8th, 2012 / 12:25 p.m.
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Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I rise today to table petitions on behalf of my constituent, Janet Wilkinson, and the Grandmothers Advocacy Network.

The petitions have been signed by hundreds of local residents who are urging the government to pass Bill C-398 without significant amendment to facilitate the immediate and sustainable flow of life-saving generic medicines to developing countries.

I am pleased to table these petitions this afternoon and look forward to the government's response.

Access to MedicinesPetitionsRoutine Proceedings

November 8th, 2012 / 12:20 p.m.
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NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, the second petition calls upon the House to pass Bill C-398, without significant amendment, to facilitate the immediate and sustainable flow of lifesaving generic medicines to developing countries.

Access to MedicinesPetitionsRoutine Proceedings

November 7th, 2012 / 4 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I am honoured to present two petitions. The first petition is in support of Bill C-398 to reform Canada's access to medicines regime to facilitate the immediate and sustainable flow of generic medicines to developing countries. This could save millions of lives.