NON-VOLUNTARY LICENSE ON THE SOFOSBUVIR DRUG

26 / 03 / 2018

Recently the Ministry of Health issued a resolution, invoking “public health reasons” to justify the delivery of a non-voluntary license for the drug Sofosbuvir, which seeks to combat hepatitis C.

The grounds for the granting of a non-voluntary license are clearly established in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), in force in Chile since January 2000.

Thus, in article 31 of The Agreement states that compulsory licenses must be reserved, among others, for national emergency cases or that there is an unmet need due to the impossibility of supplying the domestic market.

None of these grounds are contained in the unprecedented Decree of the Ministry of Health since it rather points purely and simply to cost reasons of the drug, on which a compulsory license is established.

FOR FURTHER INFORMATION YOU MAY CONTACT MAX VILLASECA:  MVILLASECA@VILLASECA.CL