Compulsory Patent Licenses in the Context of the COVID 19 Pandemic

José Manuel Otero Lastres

Broseta Abogados - Spain

Maximiliano Santa Cruz

Santa Cruz IP - Chile

Hugo Gómez

Andean Community Court of Justice - Peru

Marcos Mercado Delgadillo

Guevara & Gutiérrez - Bolivia

Compulsory Patent Licenses in the Context of the COVID 19 Pandemic

The compulsory license is a figure through which the competent authority authorizes a third party to use and exploit a patent without the consent of the owner of this industrial property right. This figure is regulated as an exceptional measure that requires, for its adoption, the presence of very specific situations that respond to a public interest or an emergency or national security situation, to name a few examples. In the current context of the Covid 19 pandemic that we face worldwide, this figure has once again been put on the table for discussion and in some cases it has been indicated as the alternative for the acquisition of vaccines that today are a scarce good in the majority of the countries. What role does intellectual property play in this discussion?; Would a pandemic justify the granting of a compulsory license for reasons of public interest? What is the evaluation route that should be followed to justify a measure like this? How feasible it is that compulsory licenses are currently granted on vaccines for Covid 19? This panel will try to clarify many doubts and through the intervention of the different positions of the experts we will be able to draw our own conclusions.

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