Ecuador Will Pay International Patent Royalties For Drugs Made Locally
October 28 2009 - 5:12PM
Dow Jones News
Ecuador is to pay royalties to the holders of international
pharmaceutical patents, basing the payments on the sale price of
locally produced medicines, the Ecuadorian Institute of
Intellectual Property, or IEPI, said Wednesday.
Last Friday, Ecuador's president, Rafael Correa, signed a decree
that aims to lower prices by allowing local production of medicines
still under patent.
The decree grants mandatory licenses for local laboratories to
produce patented medicines, but excludes cosmetic products.
"What we are looking for is to propitiate competition to obtain
lower prices. The patents won't be revoked or replaced," said the
president of the IEPI, Andres Ycaza.
Instead, licenses for local production or importation of generic
medicines will be given, he explained.
International royalty payments for mandatory licenses are
between 0.5% and 3%, Ycaza told reporters Wednesday. Ecuador, he
said, "should be in those ranges."
According Ycaza, the Ecuadorian decision is based on local and
international laws, as well as on the Ecuadorian constitution.
Ycaza added that licenses will be granted on a case-by-case
basis, and that a license won't take away the pharmaceutical
company's right to continue selling its products in Ecuador.
Meanwhile, the Pharmaceutical Industry of Investigation, or IFI,
which represents local units of European and U.S. companies, said
in a press release they "democratically" accepted the government's
decision.
However, the IFI said it regrets not being asked to participate
in the process, adding that it would have contributed
positively.
Local units of Pfizer Inc. (PFE), Grunenthal, Bayer (BAYN.XE,
BAYRY) and Aventis Pharma (500674.BY) are among the foreign
pharmaceutical firms operating in the country.
-By Mercedes Alvaro, Dow Jones Newswires; 5939-9728-653;
mercedes.alvaro@dowjones.com