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ANDEAN COMMUNITY (BOLIVIA, COLOMBIA, ECUADOR and PERU | Antitrust | Antitrust investigations in the Andean Community faces challenges in harmonization and leniency programs
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On November 11 2016 –and by means of Resolution 1883/2016-, the Andean Community Secretariat (ACS) accepted the opening of a regional investigation requested by the Antimonopoly Authority of Ecuador (AAE), regarding a business cartelization case in Colombia and with presumed implications in Ecuador.
The ACS motivated the opening of the investigation on the grounds that “there are reasonable indications” that the effects of the restrictive practices of competition in Colombia could have had consequences in Ecuador.
Despite the fact that this means that the Andean Community will take an active role in future antitrust investigations (as in the European Union), questions arise as how to harmonize the internal and Andean investigations and avoid collisions with the decisions taken by the National Antimonopoly Authorities (NAA).
Regarding leniency programs (consisting on benefits to cartel whistleblowers), the problem lies in the scope of them in two different investigations (local and regional), since being independent of each other, the reduction in fines and sanctions for confessing or denouncing will only apply only to a process.
Thus, it is necessary to establish criteria to harmonize the antitrust system of the Andean Community and its member countries.
ECUADOR | Intellectual Property, Patents | Ecuador-EU FTA: European Union has uncertainty about real protection of IP rights after the issuance of INGENIOS Code
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On 17 January 2017, the EU’s political adviser for Ecuador (Vincent Ringenberg) said that despite the entry into force of the Free-Trade Agreement (FTA) between the two parties, the European Union still has serious concerns on different foreign trade areas in which Ecuador could breach its agreements.
Intellectual Property issues are included among these areas, in respect of which he stated that there are serious doubts of an effective protection of copyright, patents and test data with the entry into force of INGENIOS Code (which violates Andean Laws on IP, of mandatory fulfillment for Ecuador).
The adviser also said that the issue could be analyzed in the Foreing Trade Committe of that FTA, which also includes Colombia and Peru.
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WORLD, TRIPS Members | Patents, Regulatory | Amendment to TRIPS agreement makes permanent export permits of generic versions of patented medicines to least developed countries
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On 23 January 2017, entered into force an amendment to the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) of the World Trade Organization (WTO), which allows the production of generic versions of patented pharmaceuticals using Compulsory Licenses (CL) to be exported to the -according to WTO standards- “least developed countries”.
Specifically, the TRIPS amendment authorizes the use of CL’s for the export of medicines to countries that because of their poor development conditions, do not have the infrastructure to manufacture it.
However, the precedents of the measure have not been successful, considering that since 2003 (date from which the export of pharmaceuticals subject to CL was permitted) the exception has only been used by Canada, that since 2007 has exported patented medicines in generic versions to Rwanda, in a criticized case due to the ineffectiveness of the measure, the cost incurred for its implementation and the complexity in its application.
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COLOMBIA | Copyright | Colombia: new Code of Ethics of the Congressman sanctions copyright infringement in bills
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Starting 23 January 2017, the infringement of copyright in the bills processed before the Congress of Colombia is punishable.
The new Disciplinary and Ethics Code of the Congressman (Law 1828 of 2017) establishes as a punishable conduct the unawareness of copyright and its use without authorization, which means that Congressmen must recognize these rights to their holders, under penalty of being disciplinary investigated.
The above ceases to be applicable in case of its approval as laws, which have legal exceptions.
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ECUADOR, SPAIN | Industrial Property | Ecuador and Spain sign cooperation agreement on Intellectual Property
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On 23 January 2017, the Industrial Property Offices of Ecuador (IEPI in Spanish) and Spain (OEPM in Spanish) signed a Memorandum of Understanding (MoU) through which they will provide mutual support in different matters of their portfolios.
The agreement includes exchange of training programs in technological information searches, training of patent examiners and development of technologies for the management of industrial property rights.
