TY - JOUR
T1 - The Jean Chrétien Pledge to Africa Act
T2 - Patent law and humanitarian aid
AU - Rimmer, Matthew
PY - 2005/7
Y1 - 2005/7
N2 - This article evaluates the implementation of the World Trade Organization (WTO) General Council Decision in 2003, which resolved that developed nations could export patented pharmaceutical drugs to member states in order to address public health issues, such as HIV/AIDS, tuberculosis, malaria and other epidemics. The Jean Chrétien Pledge to Africa Act 2004 (Canada) provides authorisation for the export of pharmaceutical drugs from Canada to developing countries to address public health epidemics. The EU has issued draft regulations governing the export of pharmaceutical drugs. A number of European countries, including Norway, the Netherlands, France and Switzerland, are seeking to pass domestic legislation to give force to the WTO General Council Decision. Australia has shown little initiative in seeking to implement such international agreements dealing with access to essential medicines. It is argued that Australia should implement humanitarian legislation to embody the WTO General Council Decision, emulating models in Canada, Norway and the EU. Ideally, there should be no 'right of first refusal', the list of pharmaceutical drugs should be open-ended, and the eligible importing countries should not be limited to members of the WTO.
AB - This article evaluates the implementation of the World Trade Organization (WTO) General Council Decision in 2003, which resolved that developed nations could export patented pharmaceutical drugs to member states in order to address public health issues, such as HIV/AIDS, tuberculosis, malaria and other epidemics. The Jean Chrétien Pledge to Africa Act 2004 (Canada) provides authorisation for the export of pharmaceutical drugs from Canada to developing countries to address public health epidemics. The EU has issued draft regulations governing the export of pharmaceutical drugs. A number of European countries, including Norway, the Netherlands, France and Switzerland, are seeking to pass domestic legislation to give force to the WTO General Council Decision. Australia has shown little initiative in seeking to implement such international agreements dealing with access to essential medicines. It is argued that Australia should implement humanitarian legislation to embody the WTO General Council Decision, emulating models in Canada, Norway and the EU. Ideally, there should be no 'right of first refusal', the list of pharmaceutical drugs should be open-ended, and the eligible importing countries should not be limited to members of the WTO.
KW - AIDS
KW - Access to essential medicines
KW - Compulsary licensing
KW - Doha Declaration on the TRIPS Agreement and Public Health
KW - HIV
KW - Malaria
KW - Patent law
KW - Pharamceutical drug
KW - Tuberculosis
KW - WTO General Council decision
KW - World Trade Organization (WTO)
UR - http://www.scopus.com/inward/record.url?scp=22744444880&partnerID=8YFLogxK
U2 - 10.1517/13543776.15.7.889
DO - 10.1517/13543776.15.7.889
M3 - Article
SN - 1354-3776
VL - 15
SP - 889
EP - 909
JO - Expert Opinion on Therapeutic Patents
JF - Expert Opinion on Therapeutic Patents
IS - 7
ER -