December 3, 1998 (12:30 p.m. EST) No. 282

CANADA SEEKS CONSULTATIONS

ON EUROPEAN UNION PATENT MEASURES

International Trade Minister Sergio Marchi announced today that Canada has requested World Trade Organization (WTO) consultations on European Union (EU) patent measures on pharmaceutical and agricultural chemical products. Consultations are the first step in the WTO dispute settlement process.

The measures at issue relate to the EU supplementary protection certificate (SPC), which extends patent protection beyond the minimum 20 years as required in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Canada argues that the SPC is discriminatory and contrary to the EU's WTO obligations, since it applies only to pharmaceutical and agricultural chemical products.

"Canada has no objection to other countries offering greater patent protection than the minimum required by the TRIPS Agreement," said Mr. Marchi. "However, the discriminatory nature of the EU regime contravenes its WTO obligations."

The international trade system allows a balance between the interests of innovator companies in having a healthy and profitable investment climate and the global objective of ensuring that low-cost medicines are available as soon as possible after patent expiry.

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For further information, media representatives may contact:

Leslie Swartman

Office of the Minister for International Trade

(613) 992-7332

Media Relations Office

Department of Foreign Affairs and International Trade

(613) 995-1874

This document is also available on the Department's Internet site: http://www.dfait-maeci.gc.ca