Trends Favoring Protection Of Pharmaceutical Patents. Why Apply For A Patent In Chile?

Summary: This article describes the evolution reflected by Chilean legislation, once a position had been taken of absolute respect for Industrial Property rights. Law 19.039, which was passed in 1991, and the signing of the Paris Convention that same year, confirms this commitment. Beginning in the decade of the '80s, the country had already begun to experience significant economic growth, a stimulus to foreign investment and a drive for the national economy. Free Trade Treaties signed with several countries in the last few years continue along these same lines. The treaty signed with the United States is decisive, showing a commitment to forming part of the PCT and raising our standards of internal regulation and protection of industrial property.

The concept of innovation as part of the agenda for growth became part of country policy, independent of the dominant ideologies. The creation of the Copper Royalty and the drive given by the state to projects supported by CORFO showed the need for an offset for domestic and foreign private companies. The amendments to law 19.039 of the year 2005, fruit of the TLC with the United States and the need for alignment with modern economic activity, led us as a country to develop a modern and efficient legislative framework, which prioritizes respect for Industrial Property from a legislative and judicial perspective. We will mention practical examples that illustrate this progress.

The steps taken by the Ministry of Health and the Chilean Institute for Public Health in implementing the regulations requiring Bioequivalence studies, also the signature of the application of Good Manufacturing Practices in the Pharmaceutical Industry, in relation to ensuring quality and effectiveness of medication, are no small examples. On the other hand, the work on disclosure and improvements made by our country's National Industrial Property Institute are examples worthy of imitation. There are yet many steps to take, but there is no doubt that the progress undergone must be considered to be a manifestation of growth.

As players involved in the protection of innovation, we cannot be mere observers of the unstoppable progress of technology. We have a moral obligation to the society in which we live, to facilitate and provide the means to extend to all and improve living conditions and the quality of life. Notwithstanding this, for this process to remain valid and be validated, it must cover in an efficient manner on one hand, the rights of those who invest and conduct research on innovation. In turn, the consumer protection must be respected in its fair equilibrium.

Globalization on Industrial Property issues has favored efficient integration worldwide. Our country, within South America, has been in agreement with the trends that seek economic development, and has signed several Free Trade Agreements and International Agreements. In fact, the policy of the last twenty years has considered in this scenario the drive of innovation and entrepreneurship as a transversal axis for growth. Chile has an economy with recognized stability in a democratic framework free from populism.

In this sense, the importance given to Intellectual Property regulations, already incorporated as part of our legislation, shows a clear commitment to the protection of innovation. These are lengthy processes that are often the subject of deep political, ideological and also cultural debates, but they constitute a road without return as they pervade and form part of an increasingly solid and permanent cultural background.

1. LEGAL REGULATIONS AND PUBLIC DRIVE

   This article will set out the progress undergone by our regulations on the issue of Industrial Property in Chile, beginning when the Law on Industrial property 19.039 was passed in 1991. We will make timely and specific reference to the benefits generated for the protection of the pharmaceutical area.

   From the entry into effect of the aforementioned regulations and to this date, the number of patent applications submitted each year to the Industrial Property Institute (INAPI) has increased since the implementation of the PCT and as a consequence of its vacancy period. The files corresponding to the Chemical and Pharmaceutical area always represent the highest percentage of applications submitted, with 90% of the total being foreign in origin.

   In accordance with this growth, during the last few years a series of government programs have been implemented, focused on promoting innovation nationwide. From among them doubtless stands out the creation of a Mining Royalty, which was introduced in 2005. It is based on using part of the taxes paid by companies associated with the...