Draft guidelines for the processing of compulsory licenses in Peru
On April 10, 2015, the Peruvian PTO (INDECOPI) published in the Official Gazette a draft guideline to regulate the processing and issuance of compulsory licenses.
The INDECOPI cites both the Decision No. 486 setting out the common industrial property regime of the Andean Community members, and the Decree Law 1075 as establishing a compulsory license regime applicable in Peru. However, since there are certain aspects regarding the processing of compulsory licenses that are not clearly defined in said documents, INDECOPI deemed necessary to further define them in these guidelines.
The draft guidelines establish four causes for which INDECOPI could issue compulsory licenses in any industry segment: (i) due to the patent not being commercially exploited, (ii) due to public interest, emergency or national security, (iii) due to practices that affect the free competition and (iv) due to dependency on a third party´s patent.
Click here to read the draft guidelines launched by INDECOPI. Interested parties can send their comments or proposals regarding the guidelines until April 30, 2015.