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In defense of rule of law, M&Z prevents SENADI from granting a compulsory license of a drug

by: Dr. José Rafael Meythaler

Main partner and President

Dear Friends and Clients:


The National Secretariat of Intellectual Rights - SENADI- accepted a request for a compulsory license of a patent of an oncological drug.


Our Law Firm defended the company owner of the referred invention patent, and the result of the administrative procedure was that the competent authority NEGOTIATED the compulsory license application filed by an Ecuadorian laboratory.


SENADI considered that the cost of the drug is not a sufficient reason to grant a compulsory license, following the international patent system that we protect.


In addition, SENADI based its decision on the flaws of the application filed by the national laboratory and recognized that the patent conferred to its holder the right to exploit it in exclusivity.


The resolution ratifies the commitment of Ecuador with the regulations in force regarding pharmaceutical patents and intellectual property. Also, it reinforces the perception that in our country intellectual property rights have the support of the Intellectual Property authority.

We believe that this news is of interest to you.


Sincerely,

Dr. José Rafael Meythaler

Meythaler & Zambrano Attorneys at Law