Implementation of Patent Flexibilities in Selected Latin American Countries

91 Pages Posted: 21 May 2024

See all articles by Juan Correa

Juan Correa

Smart IP for Latin America initiative of the Max Planck Institute for Innovation and Competition

Matthias Lamping

Max Planck Institute for Innovation and Competition

Date Written: May 20, 2024

Abstract

The aim of this study is to shed light on the use of patent flexibilities in Latin America. For this purpose, an empirical analysis of the laws and policies of eight countries (Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru, and Uruguay) was carried out. The study covers both pre-grant and post-grant law. While the former refers to patentability criteria and eligible subject matter, the latter addresses exceptions, limitations, and other rights to use patented subject matter without the consent of the right holder, including compulsory licenses and government use.

Keywords: patent, patentability, exceptions, limitations, compulsory licenses, government use, Latin America

Suggested Citation

Correa, Juan Ignacio and Lamping, Matthias, Implementation of Patent Flexibilities in Selected Latin American Countries (May 20, 2024). Available at SSRN: https://ssrn.com/abstract=4834814 or http://dx.doi.org/10.2139/ssrn.4834814

Juan Ignacio Correa (Contact Author)

Smart IP for Latin America initiative of the Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Matthias Lamping

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

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