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Friday 26 February 2010

Aurelio Lopez-Tarruella Martinez

IP Provisions in EU-Peru/Colombia FTA

IP Watch informs that Peru, Colombia and the European Union have reached an agreement on the the content of the section concerning Intellectual Property of their Free Trade Agreement. According to the information in IP Watch: "makers of branded drugs will enjoy “test data exclusivity” over the scientific formulae they have used and will be able to delay generic versions of their products from appearing on the market. This data exclusivity will apply for five years – six fewer than the EU had been pressing for. The five-year exemption is similar to that contained in agreements that the US signed with the two Andean countries in 2006".

Although the EU has watered down its original demand of 11 years of exclusivity, Health policy activitists still believe that these requirements may imperil access to affordable medicines in Peru and Colombia by hampering the availability of generic drugs. Furthermore, the data exclusivity requirement may have effects for other countries of the Andean Community.

Other key provisions of the agreements concern geographical indications. It looks like 200 GIs from both sides will be covered by the text.

Talks on the agreement are at an advance stage. It might be ready of the EU-Latin American summit in Madrid on May if the European Parliament (with new powers on EU Commercial Policy thanks to the Lisbon Treaty) approves it.

Aurelio Lopez-Tarruella Martinez

Aurelio Lopez-Tarruella Martinez


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1 March 2010 at 04:03 delete

This is not good news for Colombian consumers. Any Patent attorney in Colombia will tell you that data exclusivity protection, as provided under Decree 2085, and which is granted by the sanitary authority in the country (INVIMA),is an excuse for multinational drug companies to protect active ingredients that are already in the public domain, and/or that have been denied patent protection by the Colombian PTO. And now this. Yeah, this is what happens when ignorant-know-squat-about-IP agents from the government negotiate this kind of agreements.