Amendment to Motion No. 2 of Mr. Masse (Windsor West), seconded by Mr. Julian (Burnaby—New Westminster), — That the Motion proposing to restore Clause 4 of Bill C-393 be amended by deleting all the words after the words “4. (1) Subsection 21.04(1) of the Act is replaced by the following:” and substituting the following:
“21.04 (1) Subject to subsection (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct and use a patented invention solely for purposes directly related to the manufacture of the pharmaceutical product named in the application and to sell it for export to any country listed in Schedule 2.
(2) Paragraph 21.04(2)(c) of the Act is repealed.
(3) Paragraphs 21.04(2)(e) and (f) of the Act are repealed.
(4) Subparagraphs 21.04(3)(c)(i) and (ii) of the Act are replaced by the following:
(i) sought from the patentee or, if there is more than one, from each of the patentees, by certified or registered mail, a licence to manufacture and sell the pharmaceutical product for export to one or more of the countries listed in Schedule 2 on reasonable terms and conditions and that such efforts have not been successful; and
(ii) provided the patentee, or each of the patentees, as the case may be, by certified or registered mail, in the written request for a licence, with the information that is in all material respects identical to the information referred to in subsection (2).
(5) Paragraph 21.04(3)(d) of the Act is repealed.
(6) Section 21.04 is amended by adding the following after subsection (3):
“(4) The solemn or statutory declaration referred to in paragraph (3)(c) is not required in the case of an application to the Commissioner for an authorization to supply the product named in the application to an eligible importing country for purposes of addressing a national emergency or other circumstances of extreme urgency in that country or for purposes of public non-commercial use, but in such cases, the Commissioner shall notify the patentee or patentees of the issuance of the compulsory licence as soon as reasonably practicable after it has been issued.””.