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Order Amending Schedule 1 to the Patent Act (2014-1) (SOR/2015-154), Canada

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Latest Version in WIPO Lex
Year of Version 2014 Dates Entry into force: June 17, 2015 Adopted: June 17, 2015 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions) Notes The notification by Canada to the WTO under Article 63.2 of TRIPS states:
'The Order Amending Schedule 1 to the Patent Act (2014-1) adds the following names of three additional HIV/AIDS treatments to Schedule 1 to the Patent Act:
- 'efavirenz + emtricitabine + tenofovir disoproxil' in tablet form and in the specified strength of 600 mg, 200 mg, and 300 mg, respectively;
- 'emtricitabine + tenofovir disoproxil' in tablet form and in the specified strength of 200 mg, and 300 mg, respectively; and
- 'tenofovir disoproxil' in tablet form and in the specified strength of 300 mg.
The Decision of the General Council of 30 August 2003 allows WTO member countries with pharmaceutical manufacturing capacity to authorize the non-consensual use of a patented invention (i.e. compulsory licences) to manufacture and export generic versions of patented drugs and medical devices to developing countries without the capacity to manufacture the products themselves.
Canada's Access to Medicines Regime (CAMR) implements the 30 August 2003, decision by permitting the grant of 'export-only' compulsory licences to Canadian pharmaceutical manufacturers who wish to supply drugs and medical devices to countries unable to manufacture their own. The products that are eligible for export under CAMR are listed on Schedule 1 of the Patent Act. When CAMR received Royal Assent in May 2004, Schedule 1 was primarily composed of the pharmaceutical products on the World Health Organization's Model List of Essential Medicines (EML) that were patented in Canada. The EML represents the minimum medicine needs for a basic health-care system and, at the time, provided a baseline to ensure that CAMR was able to meet the basic healthcare needs of developing and least-developed countries in a clear and transparent manner.'

Available Texts Main text(s) Main text(s) English Order Amending Schedule 1 to the Patent Act (2014-1) (SOR/2015-154) PDF HTML French Décret modifiant l’annexe 1 de la loi sur les brevets (2014-1) (DORS/1015-154) PDF HTML
Legislation Amends (1 text(s)) Amends (1 text(s))
Patent Act (R.S.C., 1985, c. P-4)  (CA270)
WTO Document Reference
IP/N/1/CAN/16
IP/N/1/CAN/P/12
WIPO Lex No. CA198