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Extension of exceptional and temporary provisions applicable to sanitary products

In brief

Given the on-going COVID-19 health emergency, the Commission of the Andean Community has recently extended exceptional and temporary provisions applicable to health products (cosmetics, household hygiene products and absorbents for personal use).


In depth

As shown in the table below, the Commission of the Andean Community has recently extended exceptional and temporary provisions applicable to imported health products (cosmetics, household hygiene products and absorbents for personal use) that were imposed in response to the COVID-19 health emergency:

 Decision 889 (amends Decision 870)Decision 890 (amends Decision 871)Decision 891 (amends Decision 872)Decision 892 (amends Decision 873)
To which products are they applicable?Household hygiene productsAbsorbent personal hygiene products

Manufactured outside the Andean Community
Household hygiene productsAbsorbent personal hygiene productsCosmeticsHousehold hygiene productsAbsorbent personal hygiene productsCosmetics
ProvisionsA “letter of presentation commitment” may be submitted instead of the Certificate of Free Sale (CLV) or equivalent for procedures linked to the Mandatory Health Notification (NSO).Applicants have six months to submit a CLV or equivalent after the issuance, renewal or modification of the NSO.If the CLV is not presented, the NSO is suspended or cancelled.A “simple paper or digital copy” of the NSO of the first member country will be accepted in the case of homologations (NSO recognitions of other member countries).Until 31 December 2022, the period of stock exhaustion may be extended for up to 12 additional months (Article 5, Decision 783).A “simple paper or digital copy” of the NSO of the first member country will be accepted in the case of homologations (NSO recognitions of other member countries).
 
Until when can I request and/or submit these documents?Until 31 December 2022
When did it take effect?14 December 2021

We trust that this information is useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.

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Author

Luis Alonso Garcia has more than 25 years of experience practicing in intellectual property law. Mr. Garcia has been vice minister of Foreign Trade in Peru. He was in charge of the negotiation of intellectual property in the free trade agreement between Peru and the United States. He has successfully led the offices for Peru’s trademarks and patents and has chaired the Court for Intellectual Property in INDECOPI. Mr. Garcia is also an intellectual property lecturer in different universities in Peru.

Author

Rosmery is an associate in Estudio Echecopar. She has a solid background in intellectual property and life sciences. She provides regulatory counseling and advice on pharmaceutical products, medical devices, cosmetics, absorbent products for personal hygiene, household hygiene products, food and beverages, and agrochemicals. Her intellectual property practice includes trademarks, patents and copyright, with emphasis in the management of portfolios and litigation on patents and copyright.

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