217. The representative of Canada recalled that, at the last TRIPS Council meeting, a Canadian expert had outlined Canada's legislation and regulations that implemented the Decision. Canada was distributing a paper that provided a written explanation of some aspects of the legislation and regulations (IP/C/W/464). This paper outlined several issues, such as eligible importers, eligible pharmaceutical products, the application process, the "good faith clause" which implemented aspects of the Chairman's statement, anti-diversion measures, royalties and aspects of termination. He said that the Canadian system was flexible, as the list of eligible products had recently been updated to add a fixed-dose combination antiretroviral medication used in the treatment of HIV/AIDS. A special review stream had been put in place by the Minister of Health to expedite the approval of products that came under this system and that had not previously been approved for use in Canada. He drew attention, in particular, to the part of the paper that outlined how a country could take advantage of the Canadian system. His delegation was committed to making the system work and would be prepared to provide any further information, clarification or explanation of the Canadian system, including to those who wished to take advantage of it.
