Ministry of Health initiates the procedure for the Declaration of Public Interest of patents
June 16 2023
public interest of patents
On June second, the Ministry of Health issued the Resolution No. 0090881 of 2023, initiating ex officio the administrative procedure for the Declaration of Public Interest with the purpose of compulsory licensing four patents related to medications containing the active ingredient Dolutegravir. This active ingredient is used in the treatment of Human Immunodeficiency Virus (HIV) and the title holders of the patents are VIIV HEALTHCARE COMPANY y SHIONOGI & CO., LTD.

The document emphasizes that people with HIV require lifelong treatment from the moment of diagnosis, and although there has been a decrease in new HIV infections worldwide, they have increased by 21% in Latin America between 2010 and 2019. In this context, it is argued that due to the high cost of such treatment and the increase in epidemiology, the process of the Declaration of Public Interest should be initiated.

It should be noted that this procedure was initiated ex officio as a government initiative, and the only argument presented in the Resolution refers to the high cost of the medication, which is established by the price control methodology of the Pricing Comission for Medicines and Medical Devices. Similarly, the Resolution does not indicate the existence of any access problems on the part of HIV patients. Finally, stakeholders and interested third parties have 10 business days to submit their comments and arguments regarding the initiation of this investigation, which will expire on June 20th.