SIPLA

Events

Flexibilities in patent law: Towards an International Instrument
25-04-2023 - 25-05-2023

The purpose of the workshop was to present and discuss with the participants from the different countries of the region, the structure of the Instrument, which covers not only permitted uses but also other provisions, namely:  Patentability, Permitted Uses, Instruments for Exercising Use, Exhaustion of Right, Prior Use, Dysfunctional Uses and Effects, Enforcement Examination of Applications, Linkage with Competition Law, among others.

The participants identified the need to focus on the application of the general principles at the level of each of the countries, taking into account the available flexibilities and preserving regulatory sovereignty. It was also considered important to find a balance in the level of specificity for the different sectors.

The instrument under development can be seen as a follow-up to the Max Planck Institute for Innovation and Competition's Patent Declaration as it seeks to normativise a large part of its provisions.

Experts from Argentina, Brazil, Colombia, Chile, Ecuador and, México participated.

Participants

Mariano Genovesi (Argentina)

Guillermo Vidaurreta (Argentina)

Pablo Wegbrait (Argentina)

Juan Correa (Argentina)

Nicolas Hermida (Argentina)

Roxana Blasetti (Argentina)

Matthias Lamping (Germany)

Francisco Beneke (Germany)

Reto Hilty (Germany)

Pedro Marcos Nunes Barbosa (Brazil)

Pedro Batista (Brazil)

Vitor Ido (Brazil)

Juliana Krueger Pela (Brazil)

Gabriel Venco Texeira da Cunha (Brazil)

Calixto Salomao Filho (Brazil)

Javier Freire (Ecuador)

Luis Villaroel (Chile)

Eduardo de la Parra (México)

Manuel Guerrero Gaitan (Colombia)

Diego Guzman (Colombia)