The Jean Chrétien Pledge to Africa Act: patent law and humanitarian aid

Abstract

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.

Keywords::

• access to essential medicines
• AIDS
• compulsory licensing
• Doha Declaration on the TRIPS Agreement and Public Health
• HIV
• malaria
• patent law
• pharmaceutical drug
• tuberculosis
• World Trade Organization (WTO)
• WTO General Council decision