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Patent Oppositions in Argentina

Patent Oppositions in Argentina. International AIDS Conference 22-27 July 2012 M. Lorena Di Giano. Argentina has a population of 40.091.359 (Population C ensus Oct 2010) 130.000 people who live with HIV half of them are not aware if their HIV status

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Patent Oppositions in Argentina

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  1. Patent Oppositions in Argentina International AIDS Conference 22-27 July 2012 M. Lorena Di Giano

  2. Argentina has a population of 40.091.359 (Population Census Oct 2010) • 130.000 people who live with HIV half of them are not aware if their HIV status (MoH and UNAIDS estimations, 2011) • 43.000 people under ARV treatment (AIDS Bulletin- Dec 2011)

  3. Argentina is a MIC which has enacted its national Patent Law in the year 1995 to comply with TRIPS agreement. • Argentina made use of the transition period and medicines were not patentable until the year 2000. • During the transition period, Argentina has developed its capacity to produce generic versions, particularly HIV first line drugs.

  4. The local production has contributed to market competition improving access and Argentina’s sovereignty to maintain a public policy of universal access to medicines.

  5. The entry into force of patent protection for medicines, brought about a number of patent applications for essential medicines which are currently under patent protection or under a pending decision (which creates “a factual protection”). • These facts generated monopolies on ARVs drugs (particularly for 2nd and 3rd line) that are available at very high price.

  6. Argentina'sHealthCareSystem Composed of three principal elements: • Public sector (publicly funded and maintained); • Compulsory social security sector (“obrassociales” insurance plans); and • Private sector (funded by voluntary prepaid insurance plans)

  7. ARVsProcuredbyeachsub healthsystem

  8. PricesMinistry of Healthper Patient per Year • Atazanavir (Reyataz) US$2912 (May 2012) • TDF+ FTC (Truvada) US$ 4160 (May 2012) • Lopinavir + Ritonavir (Kaletra) US$ 3955 (May 2012) • EFV+ TDF+ FTC (Atripla)

  9. Oppositions • Pre grant (art. 28 PatentLaw)- limitations • Post grant (art. 59 and concordants of PatentLaw)

  10. Challenges • Cost of Post grantopposition-judiciaryprocess • Cost of translations- itshould be anofficialpublictranslation • Fundingavaliableto do thiswork (pre- and post grantoppositions)

  11. Thankyou! lorenadigiano@gmail.com

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