Recourse for Adding Drugs and Medical Devices to the List of Eligible Products

If a particular drug or medical device is needed by a country but is not on Schedule 1, the list of eligible products included in Canada's Patent Act, the importing country or a non-governmental organization can make a request for its addition to Canada's Minister of Industry and  Minister of Health.

Although the product is not on the list of eligible products, the importing country may still notify the World Trade Organization (WTO) or the Government of Canada of its intention to import under Canada's Access to Medicines Regime. However, a compulsory licence will not be issued until the product is added to the list of eligible products. An Advisory Committee has been established to provide recommendations to the ministers on the addition of products to Schedule 1.

For instructions on how to make a request to the Minister of Industry and the Minister of Health, see Requesting Additions to the List of Eligible Products.