OM Weekly Digest (29-07-2016)

29 July, 2016

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COLOMBIA | Patents, Regulatory | Compulsory Licensing: All parties filed Reconsideration Actions against Resolution of Declaration of Public Interest for imatinib (Glivec®)

 

On 12 July 2016, Novartis AG and Novartis de Colombia S.A. filed a Reconsideration Action against Resolution 2475 (14 June 2016), that (i) issued a Declaration of Public Interest (DPI) against imatinib (Glivec®) and (ii) -instead of ordering a Compulsory License (CL)- it requested the National Pharmaceutical Price Commission (NPPC) to decide a new methodology to determine the price of Glivec® (β polymorph) using generic imatinib prices in reference countries.

On the other hand, the NGOs that initially filed the DPI seeking a CL, filed their own Reconsideration Action insisting that a CL should issue.

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CHILE | Intellectual Property | Countdown for Chile accepting documents legalized by Apostille

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Starting on 30 August 2016, Chile will accept documents legalized by Apostille.  On this Date, Hague Convention Apostille comes into force in that country.

Chile’s accession became final on 16 December 2015, and for now is the latest State to become a Member of the Convention, State No. 112.

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COLOMBIA | Patents | Colombian IP Office invites inventors to participate in the National Award to the Colombian Inventor

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The contest will reward Colombian inventors that with their creations contribute to technological, economic and welfare progress.

The Award has 4 categories (i. children, ii. adolescents, iii. research, and iv. industry) and allows natural and legal persons to participate.

Winners will be announced on 1 December 2016 and will receive various benefits, including participation in at least one technology fair, partial financing of prosecution stage and the option to participate in the WIPO-World Economic Forum Inventor Assistance Program.

Registration will be open until 9 September 2016. For more information, please visit this link.

 

COLOMBIA | Patents | Patent applications filed by Colombian residents increases 95%

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Patent applications filed by Colombian residents during the first semester 2016 surged from 127 to 248, compared to the same period of 2015.

Most patents filed by Colombian nationals belong to individuals, followed by the industry and university sectors.  As to tech sectors, most applications are related to the Mechanical Engineering arts, followed by Chemical Processes arts.

The Colombian Patent and Trademark Office considers that -at the end of 2016-, national applicants could file over 500 patent applications, which means that Colombia could for the first time lead the Latin America % share of patent applications filed by resident applicants vs. nonresidents by country.

In this link, you could see more information.

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COLOMBIA, ANDEAN COMMUNITY | Copyright, Unfair Competition | Andean Court of Justice issues Prejudicial Interpretation on lawsuit between Colombian private television channels and pay television distributors

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By means of Prejudicial Interpretation 225-IP-2015 (issued on 23 June 2016) the Andean Court of Justice provided its binding legal opinion in an injunction procedure between Colombian private television channels RCN and Caracol -on one hand- versus pay TV distributors Telmex, Telefónica, DIRECTV and ETB for transmitting High-Definition signals without authorization.

The Andean Court considers that a transmission without authorization (except compulsory licenses) involves infringement of broadcaster rights, and may even result in copyright infringement if protected content is retransmitted without the owner’s authorization.  It also considers proper the issuance of injunctive relief by the Colombian IP Office –as the one taken in the referenced case-.

Purpose of Prejudicial Interpretations is ensure the uniform interpretation of Andean Law in Andean Community countries.  The national Judge that resolves the case must apply the Prejudicial Interpretations to the facts of the case.

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