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Experiencias internacionales sobre la concesión de licencias obligatorias por razones de salud pública

Authors: de la Puente, Catalina; Palopoli, Gastón; Silvestrini, Constanza; Correa, Juan;

Experiencias internacionales sobre la concesión de licencias obligatorias por razones de salud pública

Abstract

The purpose of this study is to analyze the compulsory licensing (CL) regimes in selected countries, in particular the economic elements of the granting of Compulsory Licenses (CLs), the determination and negotiation of royalties to the right holder. For this purpose, a descriptive and exploratory analysis of the experiences of granting CLs in selected countries was carried out, focusing on the experiences of developing countries considering their proximity to the Argentine case. In particular, examples of experiences of issuance of CLs or governmental use measures in developing countries are discussed. With a special focus on Latin America, where only two countries have made use of such measures for public health reasons (Ecuador and Brazil). In addition, the effectiveness of the use of CLs or governmental use measures in the reduction of prices is examined, where significant savings are evidenced. In conclusion, the paper proposes the elaboration of a methodology in relation to royalties for Argentina through a payment range that takes into consideration criteria of accessibility and affordability of the licensed technology, as well as the sustainability of the financing agents' budgets.

Keywords

Doha Declaration on the TRIPS Agreement and Public Health, Pandemic, TRIPS Agreement, ddc:300, Access to Medicines, Argentina, COVID-19, Flexibilities, Compulsory Licenses, Intellectual Property, WTO TRIPS Decision on COVID-19 Vaccines, TRIPS, Latin America, TRIPS Flexibilities, Health, Pharmaceuticals, Patent, Public Health, Government Use

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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