infoJustice

The following message was sent to infojustice from an observer in Chile who wishes to remain unidentified…

On March 5, the Chilean Constitutional Court (CC) decided to review the constitutionality of the patent linkage bill currently being discussed in the Chilean Congress. This bill would set forth a non-merit based preliminary injunction only eligible for pharmaceutical patent holders.

According to the Chilean general rules on preliminary injunctions, they should only be granted by a court based on the merits of the case (substantial likelihood of success on the merits of the case and faces a substantial threat of irreparable damage or injury if the injunction is not granted).

A group of 11 senator filed a constitutional action with the CC arguing that this special set of rules would be only the for benefit of a specific group (pharmaceutical patent holders) without a reasonable justification for creating this special regime and by doing so infringing the equal treatment clause, among other arguments, like due process of law and right to health.

This case may have an effect on the Chilean position vis-à-vis the Trans-Pacific Partnership (TPP), since the Chilean Government would not be in a position to commit to implement a patent linkage system if its constitutionality is questioned by this group of senators and being reviewed by the CC.

If you want to follow the case see: http://www.tribunalconstitucional.cl/wp/expedientes?rol=2411