For very first time in Chile, the Health Authorities have declared the existence of public health reasons justifying the granting of compulsory license related to Patent Rights for a medicament.

In fact, on March 9, 2018, a couple of days before leaving her post due to the change of government in our country, the leaving Minister of Health issued a Resolution declaring reasons of public health to justify the granting of compulsory licenses with respect to patents currently in force directed to the protection of active ingredient: Sofosbuvir, as well as its combinations with other direct acting retrovirals, useful for the treatment of chronic hepatitis C.

In this regard, the Chilean IP Law states under Article 51 that it shall possible issue a resolution with respect to a request of compulsory license in the case of, among others, “public health”, but however such an ample term is not specifically defined in the law, nor in the regulation rules of the same.

Under the foregoing, a number of third parties have already requested to the new incoming authorities to review this declaration by outgoing health authorities, which implies, among other considerations, to define what should be understood by “public health” reasons.

We will keep you informed about this important resolution and the consequences of the same.

Eduardo Molina V., Head of the Patent Department and Partner Villaseca Abogados.


FOTOGRAFÍA: Fotografía “oficial” de Eduardo Molina.