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1. Member raising question and answering

European Union
Argentina

2. Category and subcategory

Patents (including Plant Variety Protection)

3. Question

37. Please explain whether or not your legislation provides for compulsory licensing. If so, please explain in detail the conditions under which a compulsory licence may be granted. In particular, please explain how your national legislation considers individual merits in the authorization of such use.

4. Answer

Argentine law does provide for compulsory licensing, which is regulated by Articles 42-50 of the Law on Patents. See also document WT/DS171/3, WT/DS196/4, IP/D/18/Add.1, IP/D/22/Add.1 of 19 June 2002, point 1.
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