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Canada can override patents to combat drug, equipment shortages during the pandemic

Authors :
Laura Eggertson
Source :
CMAJ
Publication Year :
2020
Publisher :
CMA Joule Inc., 2020.

Abstract

The federal government now has additional powers to override patents for drugs, vaccines and medical equipment as needed to secure critical supplies during the COVID-19 pandemic Amendments to the Patent Act under Canada's COVID-19 Emergency Response Act make it possible for the federal government-or anyone it designates-to make, use and sell patented inventions "to the extent necessary to respond to a public health emergency " Effectively, the act enables Ottawa to combat price gouging or shortages of any needed product, from vaccines to ventilators, by licensing companies to make generic copies of brand-name products without having to negotiate with patent holders These compulsory licenses would last only a year, and patent holders would receive "adequate" compensation, to be determined after the fact

Details

ISSN :
14882329 and 08203946
Volume :
192
Database :
OpenAIRE
Journal :
Canadian Medical Association Journal
Accession number :
edsair.doi.dedup.....1eef00f6dc0f0a4585e9e788ad60becc
Full Text :
https://doi.org/10.1503/cmaj.1095862