Abstract

GARNICA GOMEZ, Sergio Bernabé. Second-use patent in Ecuador: comparative analysis between the Ecuadorian ingenious law with the Spanish patent law from the training of lawyers. Conrado [online]. 2021, vol.17, n.79, pp.372-380.  Epub Apr 02, 2021. ISSN 2519-7320.

The historical context surrounding patents since 1421 has always been controversial as it encompasses the protection of intangible rights over products and processes. In the modern world, the second-use patent is the subject of many discussions because its granting is contrary to strict compliance with the novelty requirement. To this must be added that, in the pharmaceutical field, the economic interests at stake cause real struggles for market control, a game in which second-use patents play a leading role. Between Ecuador and Spain, the second-use patent is viewed from two completely different perspectives. Ecuador, together with its Andean Community of Nations, closes the possibility of further uses; however, Spain with its European Community allows it. In this article, an analysis will be made of these two perspectives in light of the law that protects them and what are the shortcomings found in the training of lawyers in relation to the subject.

Keywords : Patent; second use; higher education.

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