6.1 Any negotiation required between the applicant and the right holder before applying for a compulsory licence?
Yes, the applicant for a compulsory licence must present satisfactory evidence to the Office of Inventions and New Technologies of INDECOPI that he has made an effort to obtain the authorisation of the rights holder and that such efforts have not been successful for a period of 30 days prior to submitting the application.
6.2 Any urgent situation required in order to grant a compulsory licence?
6.3 Any minimum number of years required for the patent to be granted and/or implemented in order to be subject to compulsory licensing?
After the expiration of three years from the granting of the patent or four years from its application, whichever is longer, the authority, at the request of any interested party, will grant a compulsory licence mainly for the industrial production of the product object of the patent or the integral use of the patented procedure, only if at the time of its request the patent has not been exploited, or if the exploitation of the invention has been suspended by more than a year.