Avoiding blockages by patent holders

By Portal & Asociados

Avoiding blockages by patent holders
The Ministry of Health of El Salvador officially presented a a series of reforms to the Law on Intellectual Property in order to avoid patent abuses in the public health system. According to the ministry, the reforms seeks to "benefit the population through the creation of a system of protection of intellectual property rights that avoids abuses of users of the patent system linked to medicines”.

The reform, which will be discuss in Congress, intends to avoid monopolistic blockages by patent holders. “When it is demonstrated that there has not been continuous use of a patent by its owner, such patent may be granted to a third party which applies for it“, the document states.

The changes to the law are aimed at moving El Salvador from a national platform of patent rights to an international one, allowing purchases of medicines protected by patents both inside and outside of the country. In addition, the amendments seek to establish compulsory licenses for health emergencies that would allow to exploit a patent for reasons related to public interest.

The reforms were elaborated with the consultancy of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the World Health Organization (WHO). 
Eproint

Whether your company is big or small, at Eproint you are our priority and we can take care of everything regarding legal processes to create and protect your brands, and provide you with an Intellectual Property strategy to achieve your goals.

In El Salvador, Practice Head Edy Guadalupe Portal is a partner at Eproint and has more than 25 years of experience in Intellectual Property. Since 1995, she has been recognized as the Salvadoran voice of Intellectual Property protection for always informing the IP community about changes to IP law and international treaties.

During her career, Mrs. Portal has helped numerous international law firms and in-house counsel with all facets of their IP matters in El Salvador and Central America. Her extensive practice includes work in trademarks, patents, industrial designs, utility models, copyrights, unfair competition, foreign investment, regulatory law/health registrations, licensing, franchising, appellations of origin, geographical indications, IP litigation, fashion law, new technologies, data privacy, cybersecurity, domain names, entertainment law, advertisement law, trade secrets, valuation of intangibles, and IP due diligence. She is also recognized for the great anti-piracy and anti-counterfeiting results she has delivered for her clients. She also helps coordinate Latin America Intellectual Property Protection for the firm.

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