Grant of nine compulsory licenses on patents for drugs since 2013
Since 2013, the Ecuadorian Institute of Intellectual Property (IEPI) has granted nine compulsory licenses for drugs used in the treatment of AIDS, arthritis, oncologic diseases and immune system disorders.
The first five compulsory licenses were granted in 2013 for the antiretroviral drugs Ritonavir and Lamivudine/Abacavir. Additionally, in April and May 2014, compulsory licenses were granted for the drugs Etoricoxib and Sodium Micophenolate, used for the treatment of arthritis and for kidneys transplant patients respectively. In July 2014, compulsory licenses were granted for Sunitinib, used in the treatment of oncologic diseases and immune system disorders, as well as Certolizumab, prescribed for the treatment of rheumatoid arthritis.
In October 2009, Presidential Decree No. 118 allowing compulsory licenses on patents for drugs for human use came into force in Ecuador. This decision was based on Article 31 of the TRIPS Agreement, the Ecuadorean Constitution and the WTO Doha Declaration on TRIPS and Public Health.
The first compulsory licence granted by IEPI wason 14 April 2010 for Ritonavir, an antiretroviral drug, to Eskegroup SA, the local distributor for Cipla, a leading Indian generic drug producer.