Bill S-208 explained in plain English
An Act to amend the Patent Act and the Food and Drugs Act (drugs for international humanitarian purposes)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-208 proposed to amend the Patent Act and the Food and Drugs Act to facilitate the export of pharmaceutical products for international humanitarian purposes.
This bill proposed changes to the Patent Act and the Food and Drugs Act. The goal was to make it easier for Canadian companies to manufacture and export drugs to developing countries that were facing public health crises, such as those caused by HIV/AIDS, tuberculosis, or malaria. It aimed to achieve this by allowing for the authorization of the manufacture and sale of patented pharmaceutical products for export under specific conditions, and by clarifying export requirements.
- It would have amended the Patent Act to allow the Commissioner of Patents to authorize the manufacture and sale of patented pharmaceutical products for export to specific countries.
- It would have established conditions and procedures for obtaining these authorizations, including requirements for applicants to seek licenses from patentees and to provide information about the intended export.
- It would have allowed for the payment of royalties to patent holders.
- It would have amended the Food and Drugs Act to set out requirements for the export of these pharmaceutical products, ensuring they meet certain safety and quality standards.
- It would have allowed for the Governor in Council to add or remove countries from a schedule, which would determine their eligibility to receive these exported drugs.
- It would have required the holder of an authorization to disclose information about the product and its export on a website.
- It would have established procedures for the refusal, relinquishment, or termination of an authorization.
- It would have introduced provisions for the review of these amendments after they came into force.
- Pharmaceutical companies in Canada.
- Manufacturers and exporters of drugs.
- Developing and least-developed countries facing public health crises.
- Patent holders of pharmaceutical products.
- The Commissioner of Patents.
- The Minister of Health.
- The Minister of Foreign Affairs, the Minister for International Trade, and the Minister for International Cooperation.
- The Governor in Council.
- Applicants for authorization would have the right to manufacture and sell patented pharmaceutical products for export under specified conditions.
- Patentees would have the right to receive royalties.
- Holders of an authorization would be obligated to comply with prescribed requirements, including labelling, website disclosure, and providing notices to the Commissioner and patentee.
- The Minister would have the power to determine if a product meets requirements for export.
- The Commissioner of Patents would have the duty to grant authorizations if conditions are met and to notify patentees upon relinquishment of an authorization.
- The bill was given first reading on January 31, 2012.
- The bill proposed coming into force on a day to be fixed by order of the Governor in Council.
- A review of the implemented sections was to be completed by the Minister two years after the section comes into force.
- An advisory committee was to be established within three years after the section comes into force.
- The bill proposed the payment of prescribed fees for authorization applications.
- The bill proposed the payment of royalties to patent holders, determined in a prescribed manner, with provisions for the Federal Court to order higher royalties.
- The bill aimed to facilitate access to drugs, potentially impacting the market for pharmaceutical products.
- The Federal Court could make an order terminating an authorization if the patentee establishes certain grounds, such as the provision of inaccurate information, failure to provide notices, or re-export contrary to decisions.
- Failure to comply with labelling requirements would result in the authorization ceasing to be valid.
- Exporting a product without meeting the specified requirements would be prohibited.
- The bill mentions 'prescribed fee' and 'prescribed requirements' without specifying what these are, indicating that details would be set out in regulations.
- The specific list of countries eligible for receiving drugs would be defined in a schedule, which could be amended.
- The bill does not specify the exact amount of royalties or the exact method for their determination, leaving this to be prescribed.
- The bill was not proceeded with, so its intended effects did not come into force.
This bill proposed to significantly change various sections of the Patent Act related to the authorization of manufacturing and exporting pharmaceutical products for international humanitarian purposes. It would have introduced new definitions, modified provisions for amending schedules of eligible countries and products, altered conditions for granting authorizations, and changed procedures for royalty payments, relinquishment, and termination of authorizations. Specific sections concerning the purpose of the provisions, definitions, amendment of schedules, authorization process, labelling, disclosure, royalties, relinquishment, and termination would have been affected.
Source: Sections 1-15
This bill proposed to amend the Food and Drugs Act by adding a new section that exempts pharmaceutical products manufactured or sold under an authorization (as per the Patent Act amendments) from certain parts of the Act. It would also have specified requirements for the export of these products, allowing for their export if they meet certain conditions related to foreign drug regulatory authority approvals or World Health Organization prequalification, or if the Minister confirms they meet Canadian requirements. It also proposed an exception to existing rules for exporting drugs for international humanitarian purposes.
Source: Sections 16-17
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-208, aiming to facilitate drugs for international humanitarian purposes, completed its first reading in the Senate but was later dropped from the Order Paper.
This record shows that Bill S-208, concerning the amendment of the Patent Act and the Food and Drugs Act to allow for drugs for international humanitarian purposes, completed its first reading in the Senate on January 31, 2012. However, the bill was later dropped from the Senate Order Paper on March 29, 2012, according to Senate Rules. The artifact also notes similar bills that were introduced in previous Parliaments.
During a Senate sitting on January 31, 2012, Bill S-208 concerning drugs for international humanitarian purposes was introduced and received first reading, after which it was scheduled for second reading, though its ultimate status is 'Bill not proceeded with'.
This document is a record of a Senate sitting on January 31, 2012. The primary procedural event related to Bill S-208 was its introduction and first reading. The bill, titled "An Act to amend the Patent Act and the Food and Drugs Act (drugs for international humanitarian purposes)", was presented by Senator Mobina S. B. Jaffer. Following its first reading, the bill was scheduled for second reading two days later. The rest of the sitting included the introduction of new senators, senators' statements on various topics, routine proceedings such as tabling committee reports and authorizing committee studies, question period addressing issues like Old Age Security pensions and the Department of National Defence's budget, and the adjournment of debates on other inquiries and motions. The status of Bill S-208 is noted as "Bill not proceeded with".
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced