Compulsory license for HIV/AIDS treatment patent
September 08 2023
compulsory license for HIV:AIDS

On 2 June 2023, the Colombian Ministry of Health started (1) a procedure for the Declaration of public Interest (DPI) for a subsequent compulsory license (CL) for patents related to the active ingredient Dolutegravir (API DTG), used as a treatment for HIV/AIDS. Recently the Interinstitutional Technical Committee (ITC) issued its final report (2), recommending the Ministry of Health to declare the DPI to order a CL over two API DGT Colombian patents.

The reasons for the ITC’s recommendation were the increasing cases of HIV/AIDS in Colombia and the demand to provide API DTG to specific populations that need to be treated with this treatment, to prevent a greater impact of the disease in the country. Moreover, the ITC quoted indicated it was very difficult to obtain a license from patent holders which terms would allow the Colombian Government to handle the HIV/AIDS situation. However, the Committee’s recommendation does not include or provide evidence of an access problem in the country concerning the medicines covered by the patents mentioned.

The parties involved in the process and third parties interested can submit comments on this recommendation by 19 September. Subsequently, the Ministry must analyze the recommendation and the comments submitted and issue a Resolution deciding on the DPI for CL. If the Ministry of Health declares the public interest of these patents, the patent holders may eventually have mechanisms to protect their patent rights through administrative proceedings and legal actions such as an Annulment Action or a Non-Compliance Action at the Andean Community level.

Source in Spanish.