Impact of DR- CAFTA in Production of Generic Goods

Increased prices are predicted along with less variety in drugs and agrochemicals because of the progressive protection of patent rights.

Monday, December 9, 2013

Román Macaya, director of the National Chamber of Generic Producers (Canaproge) explained that at the end of this decade the market will feel an impact on the protection of branded drugs and agrochemicals. The changes will occur due to the agreed extension of rights in the FTA between the U.S., Central America and the Dominican Republic.

In the agreement the possibility of extending the 20-year term for patent protection for 18 months is established, in the case that, through fault of the administration, the process takes longer than 5 years. Furthermore, "it was agreed to protect test data that is presented to justify the patent. That protection is 5 years in the case of drugs and for agrochemicals it is 10 years," reported Nacion.com.

In Canaproge it was explained that the measures will cause an increase in prices and generate very little choice. However, Macaya explained that "products are coming onto the market after more than 10 years of research, therefore, the effect is incubating."

Susana Vásquez, an expert in intellectual property, said the changes include eliminating prison sentences for violations of patents and test data but keeping them within frameworks and copyrights.



More on this topic

Protect Your Intellectual Property

March 2016

Competing with multinationals under DR-CAFTA requires companies to comply with all the necessary processes to protect their brands, processes and products.

The arrival of multinational companies in Central America competing in legal equality with local or regional firms as a result of DR-CAFTA, highlights gaps in legal implementation and best practices for business on issues such as the protection of trademarks and intellectual property. In an analysis piece by Nacion.com, the need for companies and entrepreneurs to protect the product development process, their formulation and their brands is highlighted.

Mexico Wants Intellectual Property Protection in Panama

August 2013

The Mexican Institute of Intellectual Property is demanding that the FTA under negotiation include a chapter on intellectual property rights.

Miguel Ángel Margáin, director of the Mexican Institute of Intellectual Property (IMPI), made a request to "include" one more chapter "on intellectual property in each treaty to be signed, as occurred in the FTAs ​​signed by Mexico with the United States and Canada in 1994 ", reported Prensa.com.

Bureaucracy Slows Trademark Registration in Guatemala

April 2013

It takes from six months to a year to complete the process for registering a patent for a brand with the Guatemalan Intellectual Property Registry.

Various sectors in Guatemala agree with the estimate. "Although there is a commitment to the free trade agreement between Central America and United States (CAFTA), which entered into force in 2006, Guatemala has not signed", reported Prensalibre.com.gt.

Costa Rica Decriminalizes Violation of Copyright

June 2012

The Legislative is moving forward a bill that will decriminalize the business of photocopying of books, on the basis of academic needs.

The aim of the "Law to protect the right to education against the excesses of intellectual property law" is to prevent owners of photocopying businesses from being affected by the secondary legislation of the Free Trade Agreement (FTA) with the United States on intellectual property protection.

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J. Vega & Asociados

A law firm specializing in Business and Intellectual Property Law.
Operates in Panama
Phone: (507) 269 1086 - (507) 269 3878

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