[Ip-health] Bill C-13

James Love james.love at keionline.org
Wed Mar 25 12:18:41 PDT 2020

The Canada bill is already law, as part of a larger package of measures.
The U.S.  House Democrats and Senate GOP both avoiding doing anything about
patent issues, but the German and Canadian legislators say this as an
important issue to be addressed.

The Canada bill addressed patent issues not only for tests, drugs or
vaccines,  but for any patent that would be useful.

The following is an email from Jody Cox, from the Canadian Generics and
Biosimilars associations.


On Wed, Mar 25, 2020 at 2:58 PM Jody Cox wrote:

Hi James,

I am responding to your interest in Bill C-13, An Act respecting certain
measures in response to COVID-19.

This is Canada’s COVID-19 aid package, which was passed into law this
afternoon. The text of Bill C-13 is attached.

A media report providing some background on the aid package is available at

The summary to Bill C-13 states:

"Part 12 amends the Patent Act to, among other things, provide that the
Commissioner must, on the application of the Minister of Health, authorize
the Government of Canada and any person specified in the application to
make, construct, use and sell a patented invention to the extent necessary
to respond to a public health emergency that is a matter of national
concern." The provision is applicable to all patents.

The Canadian Generic Pharmaceutical Association (CGPA) supports this
measure. "The ability of a country to issue compulsory licences for
medicines and other urgently needed items to respond to a health crisis is
not a novel approach, and is embedded in international trade agreements
such as the WTO Agreement on the Trade-Related Aspects of Intellectual
Property Rights (TRIPS). This is a prudent and reasonable precautionary
measure," said Jim Keon, President of the Canadian Generic Pharmaceutical

Hope this provides some useful background.
Best regards,


Jody Cox, Vice President, Federal and International Affairs
Canadian Generic Pharmaceutical Association (CGPA)
www.canadiangenerics.ca | www.generiquescanadiens.ca
@CdnGenerics | @AcmgQuebec

Jody Cox, Vice President, Biosimilars Canada
www.biosimilarscanada.ca | www.biosimilairescanada.ca | @CdnBiosimilars

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