Healthy Skepticism Library item: 1035

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Publication type: news

McGregor G.
Victory for Big Drug Makers MPs shelve review of policy that helps keep generic rivals off the market
Ottawa Citizen 2003 Apr 1

Full text:

With pharmaceutical company lobbyists watching closely, the House of Commons
industry committee yesterday voted to shelve a review of the drug patents
law that had been recommended by the Romanow Commission.
Two Liberal MPs were brought in as alternate committee members to defeat the
motion to study the patent medicine regulations that allow brand-name
companies to sue to keep lower-priced generic versions of drugs off the
market.
The committee had agreed last year to review the law, a move that the
generic industry considered a major victory, but opponents pushed the issue
down the agenda until June — after the House is likely to break for the
summer — and effectively ended any planned review.
In his report on the health care system, Roy Romanow said last year that the
government should consider overhauling the Patent Medicines (Notice of
Compliance) Regulations.
The regulations block Health Canada from approving a generic drug for up to
two years if there is any allegation of patent infringement. By filing
sequential patents on minor improvements on a drug and then alleging
infringement on each, brand-name companies can “evergreen” the market for a
drug long after its original 20-year patent expires. The industry says the
patent regime is necessary to foster innovation of new medicines.
Canada and the U.S. are the only countries to give such a legal privilege to
drug companies, but U.S. President George W. Bush last year indicated he
wants the law changed to end the gaming of drug patents by the brand-name
companies.
Canada’s patent drug law was enacted in the last days of Brian Mulroney’s
Conservative government and has been jealously guarded by Quebec MPs from
all parties. Most of the brand-name companies are clustered on the island of
Montreal.
Ontario Liberal MP Dan McTeague tried to get the patent law issue back on
the table by bringing a motion before the committee to review the law next
month. But Liberals Marlene Jennings and Lynn Myers showed up as alternates
at the meeting yesterday and voted with six Opposition MPs to defeat the
motion, which had support from seven Liberals.
Representatives from brand-name drug companies AstraZeneca, Glaxo Smith
Kline, and the industry lobby group Rx & D were on hand for the vote to
bolster opposition.
Afterwards, an angry Mr. McTeague denounced his party colleagues as
“ignorant” for their unwillingness to study the law. “Obviously, they don’t
care about what Roy Romanow said, or what President Bush said,” he charged.
Canadian consumers are “being fleeced” because delays in getting generics to
market keep drug prices high, he said.
Mr. Myers said he voted against the reviewing the law because he believes
the current regime is working well.