Arbitration Alteration Solves Only Part of Portugal’s Problem

 
• By Aidan Fry
  
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Making arbitration over patent disputes voluntary, rather than obligatory, is welcome, but goes only part way to removing problematic patent linkage in Portugal, the local generics industry argues.

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Arbitration over drug patent disputes in Portugal is now voluntary rather than mandatory • Source: Shutterstock

Legislation enacted this month to revoke a mandatory arbitration mechanism for settling patent disputes in Portugal has been welcomed by local off-patent medicines association Apogen. However, the industry body points out, the legal decree has not entirely removed patent-linkage provisions that are considered unlawful in the European Union (EU).

Via amendments to Portugal’s Law 62/2011 introduced through Decree-Law 110/2018, settling patent disputes over generic medicines via arbitration is, from...

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