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Ok from deputies, frozen patents on drugs and vaccines in emergency

2021-07-19T15:40:03.455Z


The government may temporarily oblige holders of a patent relating to medicines or vaccines, considered essential to health, to grant their use to others if they face a health emergency. (HANDLE)


 The government may temporarily oblige holders of a patent relating to medicines or vaccines, considered essential to health, to grant their use to others if they face a health emergency. This is the provision of an amendment to the Recovery Decree approved in committee in the Chamber, which opens to the so-called "compulsory licenses" for a period of time that cannot exceed 12 months from the end of the emergency and always in compliance with "international and European obligations. ". 

 The amendment, signed by former minister Giulia Grillo, modifies the industrial property code of 2005. "In the case of a declaration of a national state of emergency motivated by health reasons, to cope with proven difficulties in the procurement of specific medicines or devices doctors deemed essential, - it reads - mandatory licenses can be granted, in compliance with international and European obligations, for the non-exclusive, non-alienable use and mainly aimed at supplying the internal market of relevant patents, having validity bound emergency period or up to a maximum of 12 months from its termination ". The compulsory license for medicines, the text continues, "is granted by decree issued by the Minister of Health and the Minister of Economic Development, subject to the opinion of the Italian Medicines Agency regarding the essentiality and availability of drugs with respect to the current emergency and after hearing the owner of the property rights intellectual. The same decree also establishes the adequate remuneration in favor of the latter, determined taking into account the economic value of the authorization ". The compulsory license for medical devices" is granted by a decree issued in agreement by the Minister of Health and the Minister of Economic Development, after consulting the National Agency for Regional Health Services on the essentiality and availability of the devices with respect tohealth emergency in progress and having heard the owner of the intellectual property rights. The same decree also establishes an adequate remuneration in favor of the latter, determined taking into account the economic value of the authorization ". (ANSA)


Source: ansa

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