On April 11, 2016, the Colombian Health and Social Protection
office approached Novartis AG regarding a formal price offer as
part of the Administrative Process for the Declaration of Public
This request is regarding a compulsory license for a patent
directed to a polymorph of the anti-cancer drug imatinib (marketed
by Novartis as Gleevec/Glivec). The request for the Declaration of
Public Interest, which is the first step towards a compulsory
license in Colombia, was filed by iFarma (representative in
Colombia of Health Action International, HAI), Misión Salud
(Mission Health) and the Universidad Nacional de Colombia (CIMUN)
in November 2014.
The Minister´s communication was made under the
recommendation of the Technical Committee for Declaration of Public
Interest of the Ministry of Health and Social Protection, and a
price of COL$ 140 per milligram of imatinib as the maximum selling
price to the public was bid, which involves a 60 percent discount
over the marketed drug Glivec.
A compulsory license is a legal mechanism by means of which a
government allows for the generic production of a drug without
permission of the patent holder. It is one of the flexibilities on
patent protection included in the TRIPS (Trade-Related Aspects of
Intellectual Property Rights) Agreement.
In Colombia, compulsory licenses are established in Chapter VII
of Decision 486 of the Andean Community Commission. When a request
for a compulsory license is based on a declaration of public
interest, the procedure is governed by Decree 4302 of 2008.
El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
Under the Mexican Trademark Law there is no obligation to use a trademark until renewal time is reached in the 10th year as of the filing date of the registration to be renewed and when filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.
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