Author: Luis Villarroel

Patients and Parliamentarians ask Chilean President Michelle Bachelet to Support a Petition for Compulsory Licenses for Patents Related to Hepatitis C and Cancer Drugs

Representatives of Corporacion Innovarte, Patient Foundation Nuevo Renacer, Pharmaceutical Chemists Guild, and cancer and hepatitis patients attended the Presidential Palace “La Moneda” on November 10th to deliver a letter to the Chilean President of the Republic, Michelle Bachelet, asking her to instruct the Ministry of Health to declare that there are public health reasons justifying the issuance of non voluntary licenses for the patents that prevent entry into Chile of the latest generics for the treatment of Hepatitis C and Prostate Cancer. They were supported by a number of congressmen, such as  Giorgio Jackson, Miguel Ángel Alvarado and Gabriel Boric. The request to the Ministry of Health was formulated in March 2017 and signed by civil society groups and parliamentarians from various sectors. The Ministry of Health was urged to declare that the entry of last-generation generic drugs should be allowed to the country for public health reasons – sofosbuvir for hepatitis C and enzutalmide for prostatic cancer – through compulsory licenses of the pharmaceutical patents that restrict their access. This request has not been answered by the Ministry of Health after more than 6 months, and a response is expected soon. On the occasion, Luis Villarroel, Director of Innovarte, the NGO leading this process in Chile,  said that “this would significantly reduce the value of the drug for the case of hepatitis C, from over US $60,000 in pharmacies to...

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Chilean Copyright Legislation Creates a Right of Remuneration that Cannot Be Waived

The Chilean Congress  House of Deputies has approved a bill that creates a new unwaivable right of remuneration for authors of (and contributors to) audiovisual works. To make things worst this new right is to be exercised only through collective management organizations. Here is the link to bill as approved in the House of Representatives. This will mean that the music composer of a work embedded in any  audiovisual work, the writer of the drama, the Director, the camera man, etc, will not be able to waive their rights or license for free through a creative commons license or any other open licenses, or give works to the public domain. To make it worse, because of the national treatment obligations this bill will also apply to foreign audiovisual works. This is new right is promoted by CISAC, and Chilean collective societies, so it might be modeled elsewhere. I invite those willing to preserve open licensing in audiovisual works not only in Chile but elsewhere, to help us to stop this legislative mistake. The bill is in the Senate so still there is a small window of time for civil society to step in.  Especially from audiovisual authors to show the need to allow the possibility of waiving the rights or licensing for free, such as with a creative commons license.  The next session will be 2 weeks from now, so we would appreciate anyone that...

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Chile Is Half-Way to Legally Killing Open Licenses for Audiovisual Works

Chile is about to become the first country to successfully kill creative commons and other open licensing for audiovisual works with a copyright bill that has been already approved in the House of Representatives  in an unprecedented fast speed. It is now in the Senate. This dream bill for collective societies of rightholders is the Bill for Copyright for Audiovisual Authors. Here is a link to the bill and the legislative discussions.  Here is how it works against open licensing: Today Chile already provides for exclusive rights for authors of any work including audiovisual works and provides a limited legal transfer to the producer of a cinematographic work. This rights include the whole package of Berne and WCT, and you know what it means so I will not go there. The new bill creates in ADDITION  to those rights a non disposable nor waivable right for a remuneration  for the reproduction, making available, communication to the public, renting  for the audiovisual authors, which at the minimum include directors, screen writer, music composer etc. This new rights  is not affected by any transfer made by the author before this law rules. And on top of that, this bunch of rights will not be exercised by the author himself but are subject to mandatory collective license administration. So even if an author has granted or wanted to provide a open license,...

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