Abstract

VARGAS-CHAVES, Iván; GUERRERO-VELOZA, Juan Pablo  and  VARON-VANEGAS, César. The exclusion from patentability of inventions that attempt against life: the case of medication abortion. rev.ces derecho [online]. 2023, vol.14, n.2, pp.71-87.  Epub Oct 30, 2023. ISSN 2145-7719.  https://doi.org/10.21615/cesder.6844.

The objective of this paper is to analyze the situation of drugs used to induce abortion in Colombia, regarding the existing prohibition of patenting products or procedures that threaten people's lives. About the method, through a descriptive-analytical approach, the authors studied, the protected legal interests in tension. It was supported by an interpretive-systematic approach to analyze the relevance of keeping or not this prohibition with the current constitutional standards in Colombia. As a result, the authors criticize the current scenario, where the patent examiner has the freedom to accept, or not, the prohibition to patent drugs to induce abortion. In addition, they propose to recognize that the constitutionalization of intellectual property is a reality in Colombian law.

Keywords : abortion; intellectual property; drugs; patents; right to life.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )