Eligible Countries

The list of countries eligible to participate in Canada's Access to Medicines Regime includes countries that are members of the World Trade Organization (WTO). However, 23 member countries, including Canada, have indicated that they will not use the system to import, while a number of other countries announced that they will use the system for emergencies only. For humanitarian reasons, Canada expanded the list of countries eligible to participate to include least-developed and developing countries that are not members of the WTO. As a result, the list of eligible countries is organized into three categories based on the status of the country as a developing or least-developed country and whether it was one of the member countries to indicate in advance that it would take advantage of the WTO decision only in a public health emergency.

The three classifications of countries are included in Schedules 2, 3 and 4 to Canada's Patent Act:

• Schedule 2 lists all countries recognized as least-developed by the United Nations. This list includes countries that are members of the WTO as well as those that are not WTO members.
• Schedule 3 lists developing countries that are WTO members. The countries on this list are those that have not indicated whether they intend to use the system to:
  • import patented medicines; or
  • import patented medicines only in a public health emergency.
• Schedule 4 lists:
  • WTO members that have indicated they will use the system to import patented medicines only in a public health emergency; and
  • developing countries that are not members of the WTO but are on the
    Organization for Economic Co-operation and Development's list of countries eligible for official development assistance.

The legislation includes a provision for the Government of Canada to add countries to the schedules. Requests for changes to the schedules should be submitted to:

• the Minister of Foreign Affairs,
• the Minister of International Trade and
• the Minister of International Cooperation.

For information on participating in Canada's Access to Medicines Regime, proceed to the section on the Requirements for Importing Countries.