But the administration has dug in its heels on amending patent protection.
This paved the way for the second challenge against the BMS patent, on grounds of lack of novelty (since the drug had already been on the market before it had been patented) and that the product patent application pre-dated the amended Patent Act [ 30].
Congress may take years to amend the patent laws, but open licenses are available now, and can mitigate pressing patent problems.
eLexchin, J. Brief to the Industry, Science and Technology Committee on Bill C-9, An Act to Amend the Patent Act and the Food and Drugs Act.
iBill C-56, An Act to amend the Patent Act and the Food and Drugs Act, 2nd Sess., 36th Parl., 2003 (1st reading 6 November 2003).
Following the Implementation of Paragraph 6 of the Doha Declaration on TRIPS and Public Health [ 1], Canada was among the first countries globally to amend its patent law and as such created Canada's Access to Medicines Regime (CAMR) [ 2].
The first set of hearings consulted stakeholders on CAMR's draft legislation known as Bill C-9, An Act to Amend the Patent Act and Food and Drugs Act.
Initially, civil society called on the government to amend its patent law to save lives through production and export of cheap generic drugs at the expense of limiting intellectual property rights.
Following the Implementation of Paragraph 6 of the Doha Declaration on TRIPS and Public Health, Canada was among the first countries globally to amend its patent law, which resulted in Canada's Access to Medicines Regime (CAMR).
The media reported Lewis' call to the government to amend its patent law and implement the August 30, 2003 WTO Decision to allow a sustainable supply of affordable medicines, given the prospect of existing generic drugs sources in India drying up.
Media coverage on Canada's implementation of the Paragraph 6 Decision started on September 23, 2003 with reporting of Stephen Lewis' call to G7 nations to step up and amend their patent laws to facilitate the production and export of drugs to developing countries.
