Avoiding blockages by patent holders
By Portal & Asociados

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).