Chile passes Resolution on compulsory licenses


On 11 January 2017, Chile's Chamber of Deputies passed the Resolution nº 798, of 11 January 2017, requesting the implementation of compulsory license of pharmaceutical drugs as a public tool by the Health Ministry and requesting the update of the Regulation for the expedited procedure of said licenses by the Ministry of Economy, Development and Tourism, encouraging importation of generic versions of patented drugs through compulsory licenses.

The reason for this resolution was to facilitate the acquisition of drugs at an affordable price as well as to create the administrative procedures necessary to prioritise certain medicines that could be considered for compulsory licensing.  Through the resolution, the Minister of Economy, Development and Tourism is required to review and updates the current national law regarding compulsory licenses and to develop administrative guidelines on the granting of licenses.

The resolution also refers to current health care laws in Chile, claiming the need for public financing of different treatments in order to guarantee access to the population, adding that the current measure are not sufficient, as the price of medicines protected by patents are inaccessible for the general population.   

Despite the fact that the existing legislation allows the government to make use of compulsory licenses, to this date one never been issued in Chile. The resolution ends on this note, claiming that the Health Ministry and Ministry of Economy, Development and Tourism should make use of this ability to issue compulsory licenses.   

You can see the full text here (in Spanish):

Written by: The UAIPIT Team



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