Pharmaceutical Patents and Marketing Approvals within the U.S. – Chile Free Trade Agreement Context: A Brief Analysis
IN SEARCH OF NEW IP REGIMES, pp. 201-218, IPR University Center, 2010
22 Pages Posted: 8 May 2010
Date Written: May 8, 2010
Pharmaceutical linkage and sanitary permits are among the hot topics assessed when analyzing free trade agreements dealing with intellectual property matters. The present paper is part of an ongoing project that aims to analyze the Chilean pharmaceutical patent system and the challenges derived from the U.S.-Chile FTA ratified in 2003. Due to the extent of the discussion within the context of pharmaceutical linkage and sanitary permits, this paper intends to determine if Chile did, in fact, really agree in not making use of TRIPS flexibilities and if the linkage resulted as a detrimental issue or if it was an existing problem prior the agreement. The analysis will focus on the Chilean sanitary and intellectual property legislation whilst taking into consideration other relevant cases in order to highlight existing internal contradictions within the national judicial system as regards sanitary permits.
Keywords: Pharmaceutical Patents, Linkage, Marketing Approvals, U.S. - Chile FTA
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