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.
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