IPTango: Ecuador

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Tuesday, 13 December 2022

[GUEST POST] The Wiki Law Project: The use of open-source technologies in the dissemination of Intellectual Property and their benefits for teaching

Patricia Covarrubia December 13, 2022 No comments:

The IPTango is pleased to host the following post by Hernán Núñez Rocha, lecturer at the University of Alcalá and a qualified lawyer in Spain and Ecuador.

Hernan writes:

The use of open-source technologies in the dissemination of Intellectual Property and their benefits for teaching

by Hernán Núñez Rocha

The Wiki Law Project took place from 2013 to 2019 in Ecuador, where several governmental actors were discussing about the necessity to move from an economy based on the exploitation of natural resources to a model based on knowledge CITA. The involved parts concluded that it was necessary to promulgate new regulations on Higher Education, Science, Technology, Innovation, Intellectual Property, and Traditional Knowledge. Considering the instrumental use of Intellectual Property, the IPRs were defined as one of the main tools needed for the transition to the knowledge economy. But there was a problem, most citizens were not familiar with IPR. In fact, even most stakeholders neither understood the importance of IPRs, nor the use of new works and technologies. Also, there was an additional problem, stakeholders, who were aware of the importance of IPRs, were divided into two groups that had opposed views. One group saw the IPRs as a profitable tool for their creations, and the other group, saw it as an obstacle for innovation.

Consequently, the idea of the Wiki Law Project about IP came up. The site was developed jointly by the staff of the Instituto de Altos Estudios Nacionales (IAEN), NGOs, professional associations, chambers, and public institutions. Moreover, the Ecuadorian Patent and Trademark Office (now SENADI) and the Ministry of Higher Education (SENESCYT) got involved and support the project.

The wiki was hosted in the domain of the Ministry of Higher Education, as http://coesc.educacionsuperior.gob.ec/. The site explained didactically all the IPRs and its main features, its daily uses, and its economic, scientific, and legal significance. Also, the project included a juridical analysis of the IP Law in forced at that time, as well as a proposal of a draft Law. The wiki had a basic design, based on the Wikipedia interface, and allowed to create an account, review the contents, edit certain texts and create discussion forums.

The wiki was online from 2013 to 2020. However, the period of greatest activity was from its launch in March of 2013 to October of 2016, when the new IP regime was approved within the Organic Code for the Social Knowledge and Innovation Economy, known as the “CÓDIGO INGENIOS”. According to the wiki managers, there were more than 1.8 million visits and more than 38 thousand editions, in that period. Additionally, the wiki generated a domino effect, and suddenly the IPR were in the public opinion. A survey conducted by the IP Office reflected a growth in the news about intellectual property of more than 600% in the period of June 2014 to June 2016.

After the approval of the CÓDIGO INGENIOS, the wiki continued online, but the users’ interactions were gradually decreasing until 2020 when the wiki was finally switched off. Despite this, the impact generated by the wiki in their first years was gradually moved to other places in the remaining years. The Academia was one of the main receivers of the benefits of this project. If we analyse the statistics since the wiki was launched, it is possible to identify a significant and constant growth in the following aspects:

• There was an increase in the number of Technology and Innovation Support Centres located at the universities. Before the project, there was not any Centre according to the WIPO criteria. Today there are 11 universities that have their own Technology Transfer Office.

• Regarding the use of the IPR into the Universities, there is a growth in the average that goes from 1.3 patent applications until 2012 to 27.5 in the period 2012-2019.

• Regarding IP teaching, IP Master's programs increased from 1 to 5 nationwide.

• The number of IP courses in the curriculum of the universities also increased. Before the Wiki Law Project, only 7 universities offered the course of intellectual property as an elective subject, now there are 25 that have the course as a compulsory subject. Before, it was only taught in the Law School, now there are IP courses in 8 different careers.

• Regarding final degree projects, a study conducted in 5 Ecuadorian universities shows an increase of more than 300% since 2013.

As we can see, the Wiki Law Project was not only a success by itself, but also generated several positive externalities. Nowadays, the information technologies allow us to do great things without a big budget. In the case of the Wiki Law Project, a generic website template with basic functions was enough. It was not even necessary to get a hosting since the page was hosted in the domain of the Ministry of Higher Education.

The Wiki Law project is an example of the interaction between academia and society, which also generated an academic demand focused on issues related to intellectual property. It was a project without “owners”. After the idea was launched, many institutions got involved and once the wiki was online, a huge collaborative work was generated. There are also several papers that describe the Wiki Law as a platform that allows to recuperate the public and common sense of knowledge, throughout collaborative work.

However, the Wiki Law Project is just one example of the use of open-source technologies in the dissemination of intellectual property. What is important here, is not the instrument but the process. This process results in the use of information technologies to spread the general aspects of the IPRs and its daily uses. With this, is possible to create a communication channel in two directions. On one hand, universities can provide information to society; and on the other hand, universities could collect data about social and commercial needs. Therefore, with the understanding of these facts, universities could adapt their activities and curriculum in line with the expectations of the society.

PS This blog post is based on the presentation made by the author at the 13th Anniversary EIPTN Conference 2021.

SENADI Ecuador launched the dedicated website for the Marrakesh VIP Treaty

IPTango September 27, 2020 No comments:

On 22 September 2020, the National Service of Intellectual Rights of Ecuador (SENADI Ecuador) launched the dedicated website for the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired or otherwise print disabled (Marrakesh VIP Treaty).

The Marrakesh VIP Treaty, which has been in force in Ecuador since on 30 September 2016, requires “Contracting Parties to introduce a standard set of limitations and exceptions to copyright rules in order to permit reproduction, distribution and making available of published works in formats designed to be accessible to VIPs [blind, visually impaired, and otherwise print disabled], and to permit exchange of these works across borders by organizations that serve those beneficiaries”.

Brazil, Ecuador, and Paraguay proposed the Treaty during the 18th session of the WIPO Standing Committee on Copyright and Related Rights in May 2009.

The dedicated website for the Marrakesh VIP Treaty is audible and includes a brief history of the Treaty, the objectives, and the applicable legislation. Likewise, the website contains information about the actions and tools for the implementation of the Treaty, such as Úrsula (software developed by CERLALC which allows the authorized entities to register works in accessible formats to the blind, visually impaired, and otherwise print disabled).

Sources: SENADI Ecuador and WIPO websites.

Credit: Image of Myriam Zilles on Pixabay.

'it's a new day it's a new life' and I am feeling PROSUR

Patricia Covarrubia January 10, 2017 No comments:

December 2016 saw the last weeks of the year with the eagerness of some Latin American countries to start cooperating more. Therefore, future plans were discussed by PROSUR Directorship Committee.

Back in 2009, WIPO received a letter signed by nine Latin American countries which have agreed on a regional project “to develop a common platform that allows the integration, exchange of information and system compatibility for the nine participating countries.” – known as PROSUR due to involve South (SUR) American countries.

Besides the plans for the new year ahead, the extension of funding was also covered (by the Inter-American Development Bank (IDB)). The Latin American countries which are part of the PROSUR regional cooperation system of IP are: Brazil, Argentina, Chile, Colombia, Ecuador, Paraguay, Peru, Suriname and Uruguay, WIPO also participated. From Central America, Costa Rica also joined the group and there are talks for expansion of PROSUR. That said, PROSUR members “announced the entry of the Dominican Republic and Nicaragua from 2017.” [will this also see the change of the name to PROSURCENTRAL?]

The patent national offices of Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru and Uruguay had already started a Patent Prosecution Highway (PPH) pilot program.

Source INPI.

Ecuador: encouraging IP registration by local applicants

Patricia Covarrubia November 08, 2016 No comments:

Ecuador's Intellectual Property Institute has reduced the fees for some of its services. According to Resolution 001-2016-CD-IEPI fees to file and maintain a patent have decreased by approx. 90%. The said resolution reforms the previous ones i.e. No. 003- 2010 CDIEPI (06/05/2010) and No. 006-2012 CDIEPI (23/05/2012).

There was no doubt that the Ecuadorian Institute of intellectual Property (IEPI) fees were costly. Some saw this “as a tax on foreign IP owners rather than as a means of stimulating and encouraging the use of IP registration by local applicants.” Therefore one can question if this is a step forward in the building of the proposed ‘Código Orgánico de Economía Social del Conocimiento, la Creatividad y la Innovación (Organic Code of Social Economy of Knowledge, Creativity and Innovation) -- known as ‘Codigo Ingenios’ (Intellects Code). This bill went to the Ecuadorian Assembly back in June 2015 as an initiative of the Ministry of Higher Education, Science and Technology (Senescyt).

The reduction is seen on: patent application fee (until 10 claims); additional claim after the 10th; the renewal fees per year; and the examination fee up to 20 pages (and then, a 10% additional fee per sheet).

The graphic that you see, the original is available at the Latin America IPR SME Helpdesk, an IP fact-sheet of the country – next to the graphic (in red) the new fee is reflected.

Resolution 001-2016-CD-IEPI entered into force following its publication in the official registry(which was Friday 19 August, 2016 - N° 822).

Compulsory licence and parallel import: what is happening in Latin America?

Patricia Covarrubia August 26, 2016 No comments:

A trend or a right? These are the two sides that we can hear when a government is negotiating or authorizing a compulsory licence or parallel import. But very plainly we could see that some of the Latin American countries are using TRIPS flexibilities in their own favour [wasn’t this the aim?].

Article 31 TRIPS recognizes the right of countries to grant compulsory licences for patented medicines in order to combat illnesses. Moreover, the Doha Declaration on TRIPS and public health, states that each WTO member state "has the right to grant compulsory licences and the freedom to determine the bases upon which such licences may be granted".

Brazil
Back in 2007 this blog was reporting the news that the Brazilian government tried to reach an agreement with MERCK SHARP & DOME, for the antiretroviral EFAVIRENZ proposing the payment of a price comparable to the one it has in Thailand, i.e., US$ 0,65 per pill, instead of paying US$ 1,59 per each pill. As there was no a satisfactory outcome, the Brazilian government published the Decree no. 6,108 noting the compulsorily licence of EFAVIRENZ on the grounds of public interest principle. This licence was destined only to the public and non-commercial use of the drug, and aimed to attend local HIV/AIDS Program. The time frame of the licence was set to be 5 years.

EFAVIRENZ would be manufactured by laboratories of governmental institutions but this was going to be at the end of 2008 and in the meantime Brazil was to import a generic version of EFAVIRENZ from India, to supply the internal need.

At the end of 2015 we heard from one of our Brazilian friends that Politicians were getting ready to vote for new Pharma Laws. If the law were to pass, the country’s generic industry was to certainly benefit from it. One of the proposal was to expand the grounds of Government non-commercial use of patents and patent applications on the basis of public interest.

Ecuador

By the end of 2009 the Ecuadorian government created public pharmaceutical and Drug Company called ENFARMA PA (executive Decree (No 181)). Decree 118 was also passed declaring that it was in the public interest to have access to medicines used for the treatment of illnesses affecting the Ecuadorian people.

In 2014 we noted that Ecuadorian Intellectual Property Institute (IEPI) had received 32 applications for compulsory patent licences. Some of which were refused or abandoned, but nine resulted in the grant of licences for the production of drugs such as Ritonavir, Lamivudine and Abacavir. In the Ritovanir case, which was the first compulsory licence granted in the country, the licence was to be run until the expiry date of the patent i.e. 30 November 2014. ENFARMA PA had applied for the compulsory licences for 9 cases.

Colombia
In 2010 we were made aware of Colombia's position. It seemed to prevent parallel imports of pharmaceutical unless they were listed in the ‘Compulsory Health Plan’. However, it was making it possible to allow the importation of medicines without permission from the manufacturers which were in the Compulsory Health Plan. The Colombia’s Government announced that the list aims was to get medicines at lower prices. For instance it recalled that Products Roche SA was already offering to reduce the prices of nine of its medicines. Therefore, the Ministry of Health excluded these nine drugs from the list of subject of parallel imports, but the Ministry left the door open to come to this facility if the prices increased again.

2016 and we received the information that for several weeks, the Colombian Health Minister Mr Alejandro Gaviria had tried to find a way to force Novartis to lower the price for its leukemia treatment drug Gleevec (due to expire in 2018). [Back in 2010 Laboratory Novartis was hearing a case in a Latin American court in regards to the same drug. The case was decided by the Supreme Court in Brazil and it was regarding extending for almost a year the patented drug through the pipeline system. (for more information see post here)]. Mr Gaviria, failing to negotiate with Novartis, has decided unilaterally to “lower the price the government will pay for the medicine.” …we need to rewind in here…why such an unusual and controversial measure?

It appears, as my teenagers daughters would say, the Minister of Health ‘got a beef’ with Novartis. In 2012, the patent registration of Gleevec was denied but Novartis successfully went to court and a patent was granted. This meant that generic versions could not be produced. In 2015, Novartis sent a letter to the Minister of Health warning that any trace of Gleevec that appears in a generic would be considered a patent infringement.

This issue has brought many into this debate. For instance both the US Senate Finance Committee and the US Trade Representative’s office met with Colombian embassy officials and suggested that Washington might withdraw support for bringing Colombia into the Trans-Pacific Partnership, as well as removing monetary support in backing for the peace initiative between the Colombian government and Marxist rebels.

Novartis in a statement noted that while they support the Declarations of Public Interest which is a legitimate tool, it ought to be used in exceptional circumstances and it considered that it was not the case of Colombia. Novartis further elaborating saying that there were no shortages of Gleevec and that it does not have a monopoly. Something that caught my attention from the statement is that Novartis says that “There are already noninfringing generic versions on the market, which the government could purchase instead of Gleevec in order to reduce its costs.” The question is: how can it be a generic drug that does not infringe? Generic drugs are identical--or bioequivalent--to a brand name. However, the news stated that there are two forms or versions of the drug, one of which is available as a generic (no Gleevec’s version of course). Novartis then insisted that Colombia can have access to the generic version.

As it is usual when IP rights crosses or is in the border line with human rights, the task of setting the right balance keeps us debating. Indeed a heated discussion will follow in cases of drugs, genetic resources, and traditional knowledge and even in cases of geographical indications.

While TRIPS and the Doha Declaration and public health, permits WTO member the right to grant compulsory licences and the freedom to determine such ‘flexibility’, I think this news is a first…don’t have a compulsory licence, just unilaterally lower the price!