NAFTA, WTO "Allow Canadian Patent Changes"

In Canada, the parliamentary committee currently examining C-91, thecontroversial Patent Act amendments introduced in 1993 (Marketletters passim) has been told by federal Health Minister David Dingwall and federal Industry Minister John Manley that Canada is unable to renege on its international treaty obligations regarding patent protection in order to reduce prescription drug costs.

"I don't believe Canada can walk away from the World Trade Organization," Mr Dingwall told the committee. "I don't think Canada can walk away from the North American Free Trade Agreement. Therefore, the regime that we do have is one that we're going to have to live with and going to have to work with."

His comments were backed up by Trade Minister Arthur Eggleton, who told the panel that lawyers in his department believed that the government's scope for maneuver is very limited under the treaties. Article 1709 (2) of NAFTA provides "very limited provisions in terms of changing our laws in any respect," Mr Eggleton said.