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Compulsory Licensing For Pharmaceutical Patents In Ecuador: A Primer

Sasha Mandakovic Falconi

Falconi Puig Abogados, Partner, Quito, Ecuador

Following a public announcement on TV a few weeks ago by Ecuadorian President Rafael Correa, an executive decree was issued on October 23, 2009. The decree establishes access to medicines that are used for the treatment of priority diseases that affect the Ecuadorian population as a matter of public interest. More specifically, it enables access by compulsory licenses that will be issued when pharmaceuticals needed for treatment are protected by a patent.

While the decree does not indicate which diseases are priorities, it does indicate that cosmetic, aesthetic, hygienic and other medicines not used for the treatment of diseases are not public health priorities.

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