Datos de prueba y competencia desleal de patentes farmacéuticas.

Abstract

Pharmaceutical Patents, Test Data and Unfair Trade Practices were critical aspects to negotiate several Free Trade Agreements with the United States of America, such as the European Union Trade Agreements among some countries of the Andean Community. The wrongful usage of commercial Test Data is considered contrary to honest usage and practices, as one establishes that there are Unfair Trade Practices when the underlying intention is that of causing damage or taking advantage of situations that undermine their pharmaceutical competitors and which alter the market by directly affecting the general population. The Andean countries were not ready to implement these new regulations in their countries and the subsequent impact that they would face with the access of the most vulnerable populations to generic medicines. This research is set on determining the scope of the national and international norms regarding topics related to monopolies caused by invention patents, the exclusivity of Test Data and their direct relation with Unfair Trade Practices that can exist in Ecuador or other countries of the Andean Community with their positive or negative experiences that may be guidelines for other countries in similar conditions to those of Ecuador.