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VENEZUELA | Patents | Venezuela would reform its Patent Law to facilitate production of generic medicines
On 14 November 2017, the Government of Venezuela stated that it will reform its Patent Law (promulgated in 1956, and applicable since the withdrawal of Venezuela from the Andean Community on 2011), aiming to increase generic medicines production. According to the statements of the Venezuelan President, the law will be presented to Congress at the end of November.
According to El Universal Newspaper, the updating proposal comes from the Pharmaceutical Chemical Industry’ National Federation of Workers, due to the “obstacles” preventing national laboratories from producing generic medicines.
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COLOMBIA| Regulatory | Government of Colombia extends term to file observations to the Disclosure Code on Payments from the Pharmaceutical Sector to Healthcare Professionals
The Colombian Ministry of Health announced a deadline extension to file comments and observations to the draft of a Resolution through which it will implement a Disclosure Code on Payments from the pharmaceutical industry -like Marketing Authorization titleholders, manufacturers, importers and distributors of medicines and medical devices- to healthcare professionals (HCPs) and other actors in the health sector (such as doctors, for example).
The new deadline will be until 13 December 2017. For more information on the Disclosure Code, visit the following link.
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COLOMBIA | Consumer Law | Colombia: Tuticket.com was ordered to refund money for concerts canceled between 2015 and 2016
On 15 November 2017 -and by means of Resolution 73.224/2017-, the Consumer Protection Authority of Colombia (SIC in Spanish) ordered Tuticket.com to refund money to users for concerts canceled during 2015 and 2016.
The sanction is for an alleged lack of quality in Tuticket’ after-sales service. In its investigation, the SIC encountered that Tuticket.com has not refunded to consumers the money corresponding to 1,910 tickets, for a total of COP$ 380 million (USD $ 126,000).
Tuticket.com has a term of 15 working days to refund of the money. In case of not doing so, the SIC will order its website closure.
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BRAZIL | Patents | Brazilian Supreme Court dismiss lawsuit intended to repeal minimum term for patent protection
On 7 November 2017 –and by means of Judgement ADI 5061/DF-, the Supreme Court of Brazil rejected an unconstitutionality actions filed by ABIFINA (an Association of Pharmaceutical Industries in Brazil) against Article 40 of the Patent Law, which foresees a minimum of 10 years protection for patents, counting from its granting. The article is in force, as a compensation way in virtue of the current applications backlog before the Patent Office (INPI in Portuguese).
In Brazil (and in accordance with the TRIPS Agreement) patents grant protection for 20 years counted from its filing date.
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COLOMBIA | Copyright | Constitutional Court of Colombia orders Google to remove a Blog
By means of a Ruling –issued in Sentence T-063A/2017-, the Constitutional Court of Colombia ordered Google to remove content of a blog from Blogger platform (owned by that company), considering that said content was offensive and slanderous. The above, considering not only the publication, but its place in Google’s Search Results.
The Court considered that although Google applies the American law on free expression issues; In cases of insult, slander or defamation, the company must be subject to Colombian legislation for reasons of territoriality and in order to protect the fundamental rights of Colombians.
Additionally, the Court ordered the Ministry of Technology to establish a national regulation protecting Internet users rights in cases of insulting and slanderous publications.
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ARGENTINA | Patents | Argentina implements changes in Patent Examination
Starting January 2018, the Argentine Patent Office (INPI in Spanish) will change the criteria to determine the order in which it will examine patent applications. From that date, INPI will practice its examinations according to the filing date. Previously, the fee examination payment determined the priority order for its study.
The changes were made with the entry into force of Resolution 88/2017 (issued on 05 October 2017), and will cover applications pending for examination as of January 1, 2018.
