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Richard Elliott

Publications and source records attributed to Richard Elliott.

At least 37 records · Page 2Linked to original sources
PubMed2003

TRIPS from Doha to Cancún ... to Ottawa: global developments in access to treatment and Canada's Bill C-56.

In November 2003, Canada introduced legislation to amend the Patent Act so that manufacturers could obtain licences to make generic versions of patented pharmaceutical products for export to countries lacking sufficient capacity to produce their own. Bill C-56 aims to implement an August 2003 decision of the World Trade Organization (WTO) that relaxes its rules on pharmaceutical patents to allow this kind of measure. While the bill is a welcome development, it contains several serious flaws that will undermine the initiative and render it largely meaningless. Civil society organizations, including the Canadian HIV/AIDS Legal Network, have called on the Canadian government to remedy the flaws before Bill C-56 is enacted. This article provides an overview of recent global developments leading up to Canada's initiative, as well as an analysis of Bill C-56 itself.

Canada↗
PubMed2003

HIV-positive person who did not disclose status convicted of attempted aggravated assault.

On 18 September 2003, the Supreme Court of Canada released its unanimous decision in Williams. This is the first case on the issue of criminal liability for HIV exposure decided by the court since its 1998 decision in the Cuerrier case. Williams raised the issue of whether persons with HIV who have unprotected sexual intercourse without disclosing their status to a sexual partner who might already have been infected with the virus, can be convicted of aggravated assault or attempted aggravated assault. The Supreme Court decided that only a charge of attempted aggravated assault could stand. The decision is also significant because the Supreme Court's comments on two ancillary issues may lead to a significant extension of the criminal law related to HIV transmission or exposure.

Canada↗
PubMed2002

Two perspectives on the indicators of quality in psychiatry residencies: program directors' and residents'.

PURPOSE: To determine whether psychiatry program directors and residents agree on the characteristics most important in determining the quality of a residency program. METHOD: The authors carried out factor analyses of the results of two national surveys that asked participants to rate the importance of 41 items in determining the quality of residency programs: a 1997 survey completed by 180 psychiatry residents and a 1998 survey completed by 234 psychiatry program directors and rotation heads. RESULTS: Residents' factors determining program quality were the interpersonal culture in the program, the curriculum, academic resources and opportunities, clinical resources and opportunities, and outcomes. Program directors' factors were program administration, curriculum and clinical resources, the quality of the institution, the supportiveness of the program, and individual preferences. CONCLUSIONS: Program directors and residents focus on different indicators of the quality of residency programs, differences that can be conceptualized as those between the "producer" and the "consumer" of the program. Four domains appear to underlie the results of the resident and faculty factor analyses: the context, content, culture, and consequences of the program. Multidimensional evaluations by multiple stakeholders may be the most appropriate way to evaluate the quality of residency programs. These results also strongly suggest that the interpersonal culture of a program should be assessed as part of its evaluation process.

Attitude of Health Personnel↗
PubMed2002

Update to international guidelines on HIV/AIDS and human rights.

On 10 September 2002, the Office of the UN High Commissioner for Human Rights (OHCHR) and the Joint UN Programme on HIV/AIDS (UNAIDS) released a revised international guideline on "Access to prevention, treatment, care and support." The update to Guideline 6 of HIV/AIDS and Human Rights: International Guidelines reflects significant therapeutic, political, and legal developments in this area since the 12 guidelines were originally published in 1998. The new Guideline 6 significantly expands the guidance given to governments on what international human rights norms require of them in relation to HIV/AIDS prevention, treatment, care and support.

Guidelines as Topic↗
PubMed2002

UN Commission on Human Rights adopts resolutions on access to medication, right to health.

In April 2002, the United Nations Commission on Human Rights adopted two resolutions that are important in the context of access to treatment. The Commission is the UN's leading body with respect to international human rights issues. It consists of 53 UN member states and meets annually. The Commission's resolutions can be found on the website of the Office of UN High Commissioner for Human Rights via www.unhchr.ch/ by clicking on "Documents of Charter-based bodies".

Anti-HIV Agents↗
PubMed2002

WHO initiatives to increase access to treatment in developing countries.

In mid-2002, the World Health Organization (WHO) estimated that some six million people with HIV/AIDS in developing countries are currently in need of life-sustaining antiretroviral (ARV) therapy, but that only 230,000 have access to these medicines, half of whom live in one country, Brazil. The WHO believes that, with a concerted international effort to expand access to HIV treatment and care, three million people could have access to ARVs by the end of 2005. A number of recent initiatives provide some useful tools toward reaching this goal.

Anti-HIV Agents↗
PubMed2002

UK Commission concludes international patent laws hinder access to medicines in developing countries.

On 12 September 2002, the UK Commission on Intellectual Property Rights, an independent body established in May 2001 by the British government, released its report analyzing the impact of international agreements on patents. The report, Integrating Intellectual Property Rights and Developmental Policy, makes 55 recommendations "aimed at aligning [intellectual property] protection with the goal of reducing poverty".

Developing Countries↗
PubMed2002

China: government issues licences for three antiretrovirals.

The Chinese government has approved the production and sale of at least three generic antiretroviral drugs used in treating people living with HIV/AIDS. The first applications were filed in late 2001 and approved in August and September 2002.

China↗
PubMed2002

South Africa: TAC, COSATU and allies file complaint of excessive pricing.

On 19 September 2002, the Treatment Action Campaign (TAC), the Council of South African Trade Unions (COSATU), the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union (CEPPWA), and eight individuals (health-care workers and people living with HIV/AIDS) launched a complaint with the country's Competition Commission against two major transnational pharmaceutical companies. TAC and its allies allege that GlaxoSmithKline (GSK) has engaged in excessive pricing for its antiretroviral drugs Retrovir (zidovudine or AZT), 3TC (lamivudine), and Combivir (AZT/lamivudine), and that Boeringer Ingelheim (BI) has engaged in excessive pricing of its antiretroviral drug Viramune (nevirapine).

Anti-HIV Agents↗
PubMed2002

WTO: US and Argentina settle dispute over patents and data protection.

In May 2000, supplementing an earlier complaint filed in May 1999, the US filed a complaint against Argentina, alleging that its patent laws violate the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property (the TRIPS Agreement). The gist of the US complaint was that Argentina's law failed to provide: (1) adequate protection against "unfair" commercial use of undisclosed test data submitted in order to get market approval of pharmaceutical products; (2) certain safeguards for compulsory licences on an invention granted on the basis of inadequate working by the patent holder; and (3) adequate measures to prevent infringements of patent rights. The US also alleged that Argentina denies certain exclusive rights of patent holders, such as the exclusive right to import the patented product into the country. At the end of May 2002, the US and Argentina notified the WTO that they had reached a "mutually agreed solution," without prejudice to their respective rights and obligations under WTO agreements, and the US has withdrawn its complaint.

Argentina↗
PubMed2002

Supreme Court denies leave to appeal in medical marijuana charter challenge.

As previously reported in this publication, in January 2002 the Ontario Court of Appeal denied Jim Wakeford's claim that Canada's laws prohibiting marijuana possession and cultivation infringe his constitutional rights to liberty and security of the person. On 22 November 2002 the Supreme Court of Canada announced that it would not hear his appeal from that decision.

Acquired Immunodeficiency Syndrome↗
PubMed2002

Barcelona 2002: law, ethics, and human rights. Using the law to improve access to treatments.

The XIII International AIDS Conference in Durban, South Africa in July 2000 focused worldwide attention on the problem of accessing treatments in developing countries. In the interim, thanks to the work of activists - from demonstrations to court cases, and from acts of public courage by people living with HIV/AIDS to ongoing lobbying of politicians and trade negotiators - some very significant developments have occurred. But the reality is that the vast majority of people living with HIV/AIDS still lack access to affordable, quality medicines. This article, a summary of a paper presented at "Putting Third First: Vaccines, Access to Treatments and the Law," a satellite meeting held at Barcelona on 5 July 2002 and organized by the Canadian HIV/AIDS Legal Network, the AIDS Law Project, South Africa, and the Lawyers Collective HIV/AIDS Unit, India, explores three approaches for improving access. In the first part, Richard Elliott provides an overview of the state of the right to health as embodied in international human rights law; comments on the experience to date in litigating claims to the right to health; and identifies potential strategies activists can adopt to advance recognition of the right to health. In the second part, Sharan Parmar and Vivek Divan describe price-control and drug-financing mechanisms used by industrialized countries to increase the affordability of medicines; and discuss how some of these mechanisms could be adapted for use in developing countries. Finally, Jonathan Berger describes the use of litigation in the courts by the Treatment Action Campaign in South Africa.

Anti-HIV Agents↗