En el Tratado entre M&eacute;xico, Estados Unidos y Canad&aacute; (T-MEC o USMCA, por sus siglas en ingl&eacute;s) no todo es miel sobre hojuelas. El art&iacute;culo 20 del cap&iacute;tulo sobre Propiedad Intelectual establece periodos de 10 a&ntilde;os de exclusividad para las firmas farmac&eacute;uticas en medicamentos biol&oacute;gicos; es decir, aquellos que se hacen a partir de c&eacute;lulas vivas y que marcan tendencia en el futuro de la industria de la salud.Seg&uacute;n el texto que a&uacute;n estaba pendiente de aprobaci&oacute;n en el Senado de la Rep&uacute;blica &ndash;al cierre de edici&oacute;n&ndash; esto significa que quienes desarrollen el producto tendr&aacute;n la exclusividad para su desarrollo, fabricaci&oacute;n y distribuci&oacute;n, lo que limitar&aacute; la venta de medicamentos a precios m&aacute;s asequibles en M&eacute;xico como pueden ser los medicamentos gen&eacute;ricos.Informaci&oacute;n de la Oficina del Representante Comercial de Estados Unidos (USTR) establece que este tipo de medidas impulsar&aacute; la innovaci&oacute;n, el crecimiento econ&oacute;mico y respaldar&aacute; los empleos estadounidenses.Extensi&oacute;n de tiempo Sin embargo, en el caso de M&eacute;xico, la poblaci&oacute;n tendr&aacute; limitaciones para consumir estos productos, pues se acept&oacute; que el periodo de comienzo de esta exclusividad sea desde que se otorga el registro de estos productos en M&eacute;xico, en vez del primer registro en el mundo, seg&uacute;n explica Mar&iacute;a Fabiana Jorge, consultora especializada en propiedad intelectual, con operaciones en Washington.&ldquo;Si una compa&ntilde;&iacute;a decide demorarse en ir a M&eacute;xico y lanza en este pa&iacute;s un producto 15 a&ntilde;os despu&eacute;s de lanzarlo en Estados Unidos, el periodo por el cual los mexicanos no podr&aacute;n acceder a medicamentos biosimilares (a precios m&aacute;s accesibles) ser&iacute;a 25 a&ntilde;os (15 a&ntilde;os de demora y 10 a&ntilde;os de la protecci&oacute;n misma)&rdquo;, explica la especialista.El texto en ingl&eacute;s del art&iacute;culo 20.F.14 indica que se dar&aacute; &ldquo;protecci&oacute;n efectiva de mercado&rdquo; a nuevos productos biol&oacute;gicos, &ldquo;por un periodo de al menos 10 a&ntilde;os a partir de la fecha de la primera aprobaci&oacute;n de comercializaci&oacute;n de ese producto&rdquo; en el pa&iacute;s que trate. Un resumen delAcuerdo, publicado en espa&ntilde;ol por la Secretar&iacute;a de Econom&iacute;a, indica que el plazo de protecci&oacute;n &ldquo;tiene l&iacute;mites claros, en aras de evitar retrasos artificiales en la entrada de medicamentos gen&eacute;ricos al mercado&rdquo;.Sin embargo, a estos 10 a&ntilde;os de protecci&oacute;n de datos se sumar&aacute;n los 20 que dura una patente farmac&eacute;utica en M&eacute;xico.En esta materia, la dependencia detalla que esta duraci&oacute;n no fue modificada, y que se mantiene la exclusi&oacute;n de patentabilidad de plantas, animales, microorganismos, as&iacute; como de los m&eacute;todos quir&uacute;rgicos, diagn&oacute;sticos y terap&eacute;uticos, entre otras materias.

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