Post Tagged with: "wto"

India Prepared to File WTO Complaint Against EU Over Generic Drug Seizures

Reuters reports that India is prepared to file a WTO complaint against the European Union for seizures of generic pharmaceuticals that transit in an EU port.

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April 2, 2010 Comments are Disabled Must Reads

Brazil May Target U.S. IP To Retaliate for WTO Violation

Brazil is threatening to ignore U.S. patents in retaliation for WTO violations over cotton subsidies.

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February 10, 2010 3 comments Must Reads

Goldstein Introduces Patent Reform Bill To Ease Access To Medicines

For many years, countries such as Canada have avoided the uncomfortable truth that millions are dying in the developing world due partly to legal barriers that render access to medicines unaffordable.  In 2003, the World Trade Organization reached agreement designed to facilitate the export of medicines by opening the door to a compulsory licence for developing countries without manufacturing capabilities. Canada became an early adopter of the agreement by reforming the Patent Act to allow the Canadian Commissioner of Patents to issue a compulsory licence to a pharmaceutical company to allow for the manufacture and export of an eligible drug or medical device to an eligible importing country. Titled the Jean Chretien Pledge to Africa Act after the former Prime Minister’s commitment to development support in Africa, the reforms were touted as an illustration of Canadian leadership on development issues.  

My weekly technology law column (Toronto Star version, homepage version) notes that several years later, most agree the policy have been a near-total failure.  The law has only been used once and the company involved in the process found it so burdensome that it has vowed not to repeat it.  Moreover, other countries, including the European Union, the Netherlands, Switzerland, China, India and South Korea, have also implemented the WTO reforms in a manner that leaves the Canadian Access to Medicines Regime (CAMR) looking unduly restrictive and outdated by comparison.

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April 14, 2009 2 comments Columns

Peeking Behind Canada’s Copyright Complaint Against China at the WTO

Late last month, the World Trade Organization released a much-anticipated decision involving a U.S.-led complaint against China over its intellectual property laws.  Canada was among a number of countries that participated in the case, which alleged that China’s domestic laws, border measures, and criminal penalties for intellectual property violations do not comply with its international treaty obligations.

On April 25, 2007, David Emerson, then the Minister of International Trade, issued a press release announcing Canada's participation, stating that it was "based on concerns expressed by Canadian stakeholders on a range of issues related to China's intellectual property rights regime." Yet, as reported in my weekly technology law column (Toronto Star version, homepage version) according to dozens of internal Canadian government documents obtained under the Access to Information Act, Canadian officials, unable to amass credible evidence of harm to Canadian interests, harboured significant doubts about the wisdom of joining the case and ultimately did so only under the weight of great pressure from the United States.

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February 9, 2009 10 comments Columns

Peeking Behind the Wall of Canada’s Copyright Complaint Against China

Appeared in the Toronto Star on February 9, 2009 as Scaling Wall Over Canada's Trade Complaint Against China Late last month, the World Trade Organization released a much-anticipated decision involving a U.S.-led complaint against China over its intellectual property laws.  Canada was among a number of countries that participated in […]

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February 9, 2009 Comments are Disabled Columns Archive