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Avoiding blockages by patent holders

By Portal & Asociados - 15/05/2019
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). 

By Portal & Asociados - 15/05/2019
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Portal & Asociados

For over thirty years, PORTAL & ASOCIADOS has been recognized as a Salvadoran law firm synonymous of high quality, integrity and value by leading domestic and multinational corporations and law firms seeking to invest or expand operations in El Salvador and Central America. We provide intellectual property services with a high level of professionalism no matter the size or nature of the operations of our clients.

The firm provides Intellectual Property services to businesses of all sizes, across all industry segments. Our multidisciplinary approach and multilingual staff appeal to inside and outside counsel who need a cooperative, responsive and cost conscious legal team on the ground to represent their clients’ interest in the Salvadoran and Central American region. Portal & Asociados also stands at the forefront of CAFTA related opportunities assisting manufacturers and companies to take full advantage of CAFTA market opening provisions by helping clients navigate the important reforms of domestic legal and business environments.

Because it is so time consuming and therefore expensive to establish and maintain relationships with five different law firms located and operating within a small geographical region, the firm´s Central American services consolidates clients’ efforts and offers one point of contact for all legal needs in Guatemala, Honduras, El Salvador, Costa Rica and Nicaragua and that is why we are your CENTRAL AMERICAN HUB FOR INTELLECTUAL PROPERTY SERVICES.