An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa) (S.C. 2004, c. 23)

Assented to 2004-05-14

R.S., c. F-27FOOD AND DRUGS ACT

 Section 30 of the Food and Drugs Act is amended by adding the following after subsection (4):

  • Marginal note:Regulations to implement the General Council Decision

    (5) Without limiting or restricting the authority conferred by any other provisions of this Act or any of its Parts for carrying into effect the purposes and provisions of this Act or any of its Parts, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing the General Council Decision.

  • Marginal note:Definitions

    (6) The definitions in this subsection apply in this subsection and in subsection (5).

    “General Council”

    « Conseil général »

    “General Council” means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

    “General Council Decision”

    « décision du Conseil général »

    “General Council Decision” means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson's statement of that date.

    “TRIPS Agreement”

    « Accord sur les ADPIC »

    “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

    “WTO”

    « OMC »

    “WTO” means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

 Section 37 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Exception - General Council Decision

    (2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption in Canada, unless the regulations provide otherwise.

COMING INTO FORCE

Marginal note:Coming into force

 This Act comes into force on a day to be fixed by order of the Governor in Council.

 
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