Compulsory Licenses: saving of the country that displeases someone

May, 2010

What are patents and licenses?

A patent is the exclusivity granted by 20 years to the creator of something new in the world, which is original and industrially reproducible. The inventor, in turn, should disclose any knowledge of his creation.

This mechanism provides an exception for cases of public concern, disasters, state need, etc. Such mechanism is the compulsory licenses, which do not abolish or eliminate the patent, it continues in force but with another competitor in the market, who must pay the owner a compensation for the use of the invention.

Decree applies to all catastrophic diseases

Catastrophic diseases are considered those implying high risk to life.

In addition, the value for its monthly treatment should be higher than a vital family budget, issued by the INEC.

The treatment for this kind of disease may get a compulsory license.

Congenital heart malformation, mitral and tricuspid valve disease, cancer and brain tumor.

Organ transplants, including kidney, lung and bone marrow. In addition, chronic renal failure.

External prosthesis upper and lower limbs, cochlear implants, braces (postural chairs)

Additionally, all the diseases attacking the immune system, such as HIV and aids.

In Ecuador there are approximately 150 thousand people suffering such ills.

 

http://www.hoy.com.ec/noticias-ecuador/licencias-obligatorias-ahorro-al-pais-que-disgusta-a-algunos-407826.html

 

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