| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
28. Please explain whether your legislation provides for the exclusion of inventions from patentability based on ordre public or morality. If so, please explain the relevant section of your legislation and explain its formulation. Please also explain if it has been applied in practice.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
29. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
30. Please explain whether or not plants, animals and essentially biological processes are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
31. Please describe how micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant sections of your legislation.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
32. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
33. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
34. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
35. Please explain the additional conditions, if any, in your legislation other than the sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for access to genetic material or prior inform consent to its use). If such additional conditions exist, please point out the relevant legislations and describe the additional conditions in detail.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
36. Please describe if your legislation provides for limited exceptions to the exclusive rights conferred by a patent. If affirmative, please make a reference to relevant legislation.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
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.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
38. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of a compulsory licence shall be authorized predominantly for the supply to the domestic market of the Member authorizing such use.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
39. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
40. Please explain how your legislation provides for the enhanced patent protection of patents or patent applications pending on 1 January 1995.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
41. Please explain how your legislation provides for the reversal of the burden of proof in relation to process patents.
|
See Argentina's communication in response to question 26.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
42. Please describe how your legislation protects topographies.
|
Integrated circuits are not protected by specific legislation but are covered by the various intellectual property laws, depending on the context in which they are used. In other words, where integrated circuits are regarded as intellectual creations (i.e. literary, artistic or scientific works) and meet the requirement of originality, they are covered by Copyright Law No 11.723; where they constitute inventions that are new, involve an inventive step and are capable of industrial application, or where they involve a new configuration or arrangement that brings a functional improvement, they are protected by Law No. 24.481 on Patents and Utility Models; where, on the other hand, they involve a configuration or aspect incorporated in, or applied to, an industrial product that gives them ornamental value, they are protected by Decree Law No. 6.673/63; and so on.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
43. Please explain what protection your national legislation grants to right holders against the unlawful importation, sale or distribution for commercial purposes of topographies including integrated circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS Agreement.
|
Depending on the law under which protection is afforded, the applicable provisions are those specifying that a right holder may bring an action against any party that imports, sells or otherwise distributes for commercial purposes a protected layout-design or a product incorporating a protected layout design. All Argentine intellectual property laws in fact provide for remedies that may be invoked by right holders in the event of infringement of their rights.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
44. Please explain how your legislation provides for the derogation from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.
|
There is no specific legislation, but the applicable principles are those of good faith and abuse of rights as enshrined in the Civil Code.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
45. Please state the term of protection granted by your legislation to topographies.
|
The term of protection depends on the law that applies to the protection of the layout-design in question. In other words, where the layout-design is protected by a patent, the term is 20 years counted from the date of filing of the application; where it is protected as a utility model, the term is 10 years from the date of filing of the application; where it enjoys copyright protection, the term is 70 years from the date of the author's death; and so on.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
46. Please explain whether or not your legislation grants a defined period of time for the protection of undisclosed information. If so, please give the time span.
|
Argentina will not be answering the questions under this heading, as their content directly or indirectly refers to the dispute settlement procedure initiated by the United States against Argentina on patents and confidential information, in which the European Communities are participating as a third party.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
47. Please explain how your legislation defines undisclosed information.
|
See Argentina's communication in response to question 46.
|
14/12/2003 |
|
