Abstract:
The purpose of this study is to analyze the compulsory licensing (CL) regimes in selected countries, in particular the economic elements of the granting of Compulsory Licenses (CLs), the determination and negotiation of royalties to the right holder. For this purpose, a descriptive and exploratory analysis of the experiences of granting CLs in selected countries was carried out, focusing on the experiences of developing countries considering their proximity to the Argentine case. In particular, examples of experiences of issuance of CLs or governmental use measures in developing countries are discussed. With a special focus on Latin America, where only two countries have made use of such measures for public health reasons (Ecuador and Brazil). In addition, the effectiveness of the use of CLs or governmental use measures in the reduction of prices is examined, where significant savings are evidenced. In conclusion, the paper proposes the elaboration of a methodology in relation to royalties for Argentina through a payment range that takes into consideration criteria of accessibility and affordability of the licensed technology, as well as the sustainability of the financing agents' budgets.
