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Canada Struggles to Get Generics Export Law Off the Ground

May 10, 2005

A technicality is currently slowing the implementation of Canadian legislation to allow the export of generic medicines to low-income pandemic countries. The so-called Jean Chretien Pledge to Africa Act was approved in May last year, but problems with accompanying regulations are delaying the act's implementation.

Meanwhile, a variety of players have criticised the measure, with generics producers claiming the bill contains too many restrictions and a lack of incentives. Further, lobby groups claim that the right of first refusal granted to patent holders will prevent eventual users from having access to many innovative drugs exported under the scheme. Canada has already pledged CAD270mn (US$218mn) in direct payments to global initiatives to fight HIV/AIDS and other major fatal diseases in developing countries.