Review of TRIPS Implementing Legislation - Search

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Article 63.2 of the TRIPS Agreement requires Members to notify the laws and regulations made effective by that Member pertaining to the subject matter of the Agreement to the Council for TRIPS in order to assist the Council in its review of the operation of the Agreement.

This page allows you to search Members' questions and answers on notified laws and regulations. You can consult search results on screen, download and print them in Excel format. You can also download individual documents.

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Page 7 of 496   |   Number of documents : 9912

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 Argentina Canada 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
See Argentina's replies to the Check-list of Issues on Enforcement.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 Argentina European Union 26. Please describe how your legislation defines the notions: of novelty, inventiveness and industrial application.
Law No. 24.481 on Patents, amended by Law No. 24.572 (harmonized text 1996), hereinafter the Law on Patents, defines the notions of novelty, inventiveness and industrial application in Article 4.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 Argentina European Union 27. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed without any exclusions. If exclusions are provided for, please describe in detail how these exclusions are applied in legal as well as practical terms.
Exclusions from patentability are provided for in Articles 6 and 7 of Law on Patents.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
Yes, the relevant provisions appear in Article 7(a) of the Law on Patents and Article 7 of Decree 260/96.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
They are excluded under Article 6(e) of the Law on Patents.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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 Articles 6(a) and (g) and Article 7 of the Law on Patents, as well as Article 6 of Regulatory Decree No. 260/96.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
Plant varieties are protected under the Law on Seeds.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
They are protected through Article 8 of the Law on Patents. See also WT/DS171/3, WT/DS196/4, IP/D/18/Add.1, IP/D/22/Add.1 of 19 June 2002, point 4.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
Argentina provides protection for pharmaceutical and agricultural chemical products through the Law on Patents.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
Yes. See in this connection document WT/DS171/3, WT/DS196/4, IP/D/18/Add.1, IP/D/22/Add.1 of 19 June 2002, point 4.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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 additional conditions in detail.
Not applicable.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
Article 36 of the Law on Patents provides for the establishment of limited exceptions to the rights conferred by a patent.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
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.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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 compulsory licence shall be authorized predominantly for the supply to the domestic market of the Member authorizing such use.
Argentine law provides 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.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 Argentina European Union 39. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
No.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
The question is unclear.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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 document WT/DS171/3, WT/DS196/4, IP/D/18/Add.1, IP/D/22/Add.1 of 19 June 2002, point 5.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.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.
Replies to questions 46-48: See Law 24.766 which covers the provisions of Article 39 of the TRIPS Agreement.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 Argentina European Union 47. Please explain how your legislation defines undisclosed information.
Replies to questions 46-48: See Law 24.766 which covers the provisions of Article 39 of the TRIPS Agreement.
22/01/2003
IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 Argentina European Union 48. Please explain how your legislation defines data submitted to governments or governmental agencies.
Replies to questions 46-48: See Law 24.766 which covers the provisions of Article 39 of the TRIPS Agreement.
22/01/2003

Page 7 of 496   |   Number of documents : 9912

 
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