| 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 |
49. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
|
Replies to questions 49-62:
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 |
50. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
|
Replies to questions 49-62:
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 |
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.
|
Replies to questions 49-62:
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 |
52. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
|
Replies to questions 49-62:
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 |
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.
|
Replies to questions 49-62:
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 |
54. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.
|
Replies to questions 49-62:
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 |
55. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
|
Replies to questions 49-62:
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 |
56. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
|
Replies to questions 49-62:
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 |
57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
|
Replies to questions 49-62:
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 |
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.
|
Replies to questions 49-62:
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 |
59. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
|
Replies to questions 49-62:
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 |
60. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
|
Replies to questions 49-62:
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 |
61. Please indicate whether or not your legislation provides for a de minimis imports exception.
|
Replies to questions 49-62:
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 |
62. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
|
Replies to questions 49-62:
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 |
Switzerland |
1. Are the provisions of the TRIPS Agreement directly applicable in your legal system?
|
The requirements relating to international agreements are set forth in Article 31 and Article 75, paragraphs 22 and 24, of the Constitution of the Argentine Republic. Of particular relevance to the TRIPS Agreement are Articles 27 and 31 read together with Article 75, paragraph 22.
|
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 |
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?
|
Law No. 24.481 amended by Law No. 24.572 (harmonized text 1996), hereinafter the Law on Patents, sets forth the patentability regime in Article 4, and the exceptions in Article 6 and 7.
|
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 |
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)?
|
The basis for 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 |
Switzerland |
4. Please explain how Article 28.2 of the TRIPS Agreement is incorporated in your legal system.
|
Chapter V (Transmissibility and contractual licences) of the Law on Patents and Chapter V of Regulatory Decree 260/96 cover this point.
|
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 |
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.
|
Chapter VII (Other use without the authorization of the patent holder) of the Law on Patents covers the provisions of Article 31 of the TRIPS Agreement. See also, 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 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 |
Switzerland |
6. Please explain how the principle of the reversal of burden of proof in a process patent litigation, as required by Article 34 of the TRIPS Agreement, is implemented in your legislation. Article 88 of Argentinean Law No. 24.481 on Patent and Utility Models sets 1 January 2000 as the date before which a product cannot be considered as new. Please explain how this provision is compatible with Article 70.2 of the TRIPS Agreement.
|
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 |
|
