| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
49. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
|
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 |
50. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
51. Please describe how your legislation authorizes judges to order production of evidence by the opposing party. Please give precise information on what measures are taken to ensure the protection of confidential information.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
52. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
53. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
54. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
55. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
56. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
58. Please identify the competent authorities in your jurisdiction who receive requests from right holders for an application to suspend the release of counterfeit goods by the customs authorities.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
59. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
60. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
61. Please indicate whether or not your legislation provides for a de minimis imports exception.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
European Union |
62. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
|
See Argentina's communication in response to question 49.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
Japan |
1. Please explain exceptions or exemptions of the national treatment and most-favoured-nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement.
|
With regard to the protection of copyrighted works and neighbouring rights, there are no exceptions in Argentine legislation to the most-favoured-nation clause or national treatment obligation.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
Switzerland |
1. Are the provisions of the TRIPS Agreement directly applicable in your legal system?
|
Please see the communication from Argentina at the end of this document.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
Switzerland |
2. Does your legislation grant patent protection to all categories of products or are there any exceptions? If so, please explain in detail what kind of exceptions exist and how they comply with Article 27 of the TRIPS Agreement. In particular, is patent protection granted to all pharmaceutical products?
|
Please see the communication from Argentina at the end of this document.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
Switzerland |
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)?
|
Please see the communication from Argentina at the end of this document.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
Switzerland |
4. Please explain how Article 28.2 of the TRIPS Agreement is incorporated in your legal system.
|
Please see the communication from Argentina at the end of this document.
|
14/12/2003 |
|
| IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 |
Argentina |
Switzerland |
5. Does your legislation make the granting of a compulsory licence subject to all the conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
|
Please see the communication from Argentina at the end of this document.
|
14/12/2003 |
|
