Schedule 1, and by extension the Canadian Access to Medicines Regime, needs to remain current with public and global health needs. It is without question that COVID-19 vaccines constitute an eligible product that should be added to Schedule 1. A product is eligible to be added to Schedule 1 if it is a “patented product that may be used to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics” (s. Schedule 1 is a list of pre-approved patented pharmaceutical products that are eligible for export under the Canadian Access to Medicines Regime. We are writing to formally request for the expeditious recommendation by the Minister of Health and the Minister of Innovation, Science and Industry to add COVID-19 vaccines to the list of eligible products pursuant to Schedule 1 of the Patent Act. We would like to call to your attention the ongoing attempts to amend Schedule 1 of the Patent Act, a part of the Canadian Access to Medicines Regime. RE: Request to Amend Schedule 1 of the Patent Act Minister of Innovation, Science and Industry The Honourable François-Philippe Champagne, P.C., M.P. The Right Honourable Justin Trudeau, P.C., M.P. The full text of the letter follows and a PDF of the letter is also available here. The addition of ‘COVID-19 vaccine’ to Schedule 1 would increase the ability to produce and export much needed COVID-19 vaccines to middle- and lower-income countries. Amending Schedule 1 is a necessary step in the compulsory license application process.

As KEI noted in the Briefing Note on the Canadian Experience with Compulsory Licensing, prior attempts to amend Schedule took large time investments. Schedule 1 can be amended through an order by the Governor-in-Council, based upon the recommendation of the Minister of Health and the Minister of Innovation, Science & Industry. The letter requests the amendment of Schedule 1 of the Patent Act to include ‘COVID-19 vaccine’ to the list of eligible products for export pursuant to the Canadian Access to Medicines Regime. On April 27th, a letter signed by 41 Canadian experts was sent to the Prime Minister of Canada, the Minister of Innovation, Science & Industry, and the Minister of Health.

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