Examen de la legislación de aplicación del Acuerdo sobre los ADPIC - Búsqueda

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En el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC, se exige a los Miembros que notifiquen al Consejo de los ADPIC las leyes y los reglamentos hechos efectivos por el Miembro en cuestión y referentes a la materia del Acuerdo, con el fin de ayudar al Consejo en su examen de la aplicación del Acuerdo.

En esta página puede hacer búsquedas en las preguntas y respuestas de los Miembros sobre las leyes y los reglamentos notificados. Puede consultar los resultados de la búsqueda en la pantalla, descargarlos en formato Excel e imprimirlos. También puede descargar los distintos documentos.

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Signatura del documento Miembro que presenta la notificación Miembro que plantea la pregunta Pregunta Respuesta Fecha de distribución del documento  
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka Unión Europea 54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Section 179 of the Code and the law of injunction governed by Judicature Act No. 2 of 1978, Civil Procedure Code and Law of Equity.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka Unión Europea 55. 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.
Customs and Judiciary.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka Unión Europea 56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
Yes.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka Unión Europea 57. Please indicate whether or not your legislation provides for a de minimis imports exception.
Does not provide in general, but under Section 13(8) of the proposed law the importation of a copy of a protected work by a physical person for his own personal purposes is permitted.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka Unión Europea 58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Part VI of the Code provides for criminal sanctions and related matters. Similar provisions are also available in the proposed law (the proposed laws to amend the Code of Intellectual Property Act and for the Protection of Layout Designs).
13/10/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Canadá 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
The first question refers to issues dealt with at the following consultations with the United States within the framework of the DSU: "Argentina - Patent Protection for Pharmaceuticals and Test Data Protection for Agricultural Chemicals" (WT/DS171) and "Argentina - Certain Measures on the Protection of Patents and Test Data" (WT/DS196). In order to protect its rights at the said consultations, Argentina will not be answering the first question posed by Canada within the framework of the review of national implementing legislation by the Council for TRIPS. Argentina wishes to take this opportunity to point out to Canada that, although it confirms its willingness to fulfil its obligations with regard to the review of national implementing legislation by the Council for TRIPS, it is in its interest to ensure that the review process does not prejudice or affect either the course or outcome of the consultations being held under the DSU.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Canadá 2. What protection does your copyright legislation afford to "foreign works"?
Argentine legislation affords foreign works the same degree of protection as domestic works. With regard to administrative formalities, foreign works are actually in a better position than domestic works since they are exempt from all formalities.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 1. Please describe, in relation to each form of intellectual property covered by the TRIPS Agreement, including plant variety protection, the manner in which nation treatment and most-favoured-nation treatment are provided to nationals of other WTO Members.
Argentina implements the principles of national treatment and most-favoured-nation treatment through Law No. 24.425, ratifying the Uruguay Round Agreements, including the TRIPS Agreement, and Law No. 17.011 of 10 November 1966, which incorporates the Paris Convention (Lisbon Act of 1958). These principles cover all forms of intellectual property, patents and utility models, industrial designs, trademarks, appellations of origin and indications of source, ranging from the acquisition of rights, on equal grounds, to the maintenance and defence of such rights through administrative and judicial procedures laid down in the relevant special laws and in the general legislation governing civil, commercial and/or criminal procedure. As regards copyright and related rights, the protection afforded by domestic legislation likewise makes no distinction between national and foreign creations, thus guaranteeing national treatment to all right holders. The specific rules on the subject do not provide for most-favourednation treatment, since there is no difference in terms of the protection granted. In the case of plant varieties, the applicable legislation in this sphere is the 1978 Act of the Convention of the International Union for the Protection of New Varieties of Plants (UPOV), which was ratified by Law No. 24.376, and the provisions of Law No. 20.247 on Seeds and Phytogenetic Developments, which lays down the national treatment principle in its Article 3. The intellectual property laws make no distinction between nationals and foreigners, or between foreigners from different countries, apart from the exceptions allowed under the TRIPS Agreement.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 2. Please explain how the copyright law of Argentina protects computer programs as literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
Law No. 25.036 amending Law No. 11.723 incorporates, in the list of protected works in Article 1 of the latter, computer programs in the form of either source or object codes and compilations of data or other material, thus protecting them on the same terms as literary works.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and cinematographic works be available. Please cite to the corresponding provision of the copyright law of Argentina.
Pursuant to Article 2 of Law No. 11.723, copyright in a work listed in Article 1 of the Law includes the right to dispose of the work, which in turn includes rental rights in respect of computer programs and cinematographic works.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 4. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of Argentina implements these obligations and indicate the term of protection.
As works protected under Article 1 of Law No. 11.723, phonograms are fully covered by the provisions of Article 2 of the Law. Hence, producers are entitled to authorize or prohibit the direct or indirect reproduction of their works and to authorize or prohibit the rental of carrier media for commercial purposes. The term of protection is 50 (fifty) years, counted from the date of publication of the works.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 5. Please describe the manner in which well-known trademarks are protected in Argentina against unauthorized use and against so-called cybersquatting, i.e., incorporation of the trademark of another into a domain name without the authorization of the trademark owner. Please cite to the relevant provisions of law and to any related court decisions.
The incorporation into a domain name of a registered trademark belonging to another party may be challenged by the affected trademark owner under Trademark Law No. 22.362 (published in the Boletín Oficial of 2 January 1981), inasmuch as it allows the owner to register an exclusive right entitling him to prevent others from using this sign or any other sign liable to cause confusion. The situations covered by so-called "cybersquatting" have to do with wilful appropriation of someone else's trademark, entailing the application by analogy of Article 24(b) of the Trademark Law. This provision establishes that a trademark shall be null and void where it was registered by someone who knew or should have known that the trademark belonged to a third party. The protection of well-known trademarks is also regulated by Article 6 bis of the Paris Convention, Article 16 of the TRIPS Agreement, Articles 953, 1109 and 1071 of the Civil Code and the relevant provisions of the Criminal Code. Argentine case law in this respect may be summarized by the criteria set forth in the following court decisions: - Heladerías Freddo S.A. vs. Spot Network regarding misappropriation of the name FREDDO on the Internet (Case No. 5354/97, National Federal Civil and Commercial Court No. 7, of 26 November 1997); - Pugliese Francisco Nicolás vs. Pérez Carlos Enrique regarding precautionary measures
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 6. Please confirm that a pre-existing trademark is protected against usurpation by geographical indications. Please cite any relevant laws, regulations or judicial decisions.
Article 3(c) of Trademark Law No. 22.362 prohibits the registration of both domestic and foreign appellations of origin. The following provisions also apply: - Article 7 of Law No. 22.802 on Fair Trade stipulates that a domestic or foreign appellation of origin may not be used to identify fruit or any other goods not originating in the indicated area, except where the appellation has been registered as a trademark prior to the entry into force of the Law. - Article 1135 of the Argentine Food Code (Law No. 18.284) stipulates that geographical names designating or characterizing distilled spirits or liqueurs may not be used for goods originating in places other than the regions indicated by the names. A case in point was the judgment of 15 February 2000 handed down by the Court II of the Federal Civil and Commercial Chamber in the case The Scotch Whisky Association et al. vs. García José.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 7. Please describe in detail how the laws of Argentina provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of Argentine geographical indications so recognized and protected.
Argentina has enacted the following legal protection instruments to implement Article 22.2 of the TRIPS Agreement: - Trademark Law No. 22.362, published in the Boletín Oficial of 2 January 1981. The provisions of Article 3(c) and (d) stipulate that neither domestic nor foreign appellations of origin nor appellations that might cause confusion as to the origin of the goods may be registered as trademarks. - Law No. 25.163 on Wines and Spirits, relating to the protection of indications of source, geographical indications and registered appellations of origin, Chapter V, Scope and Obligations. - Article 1135 of the Argentine Food Code prohibits appellations of origin using names other than the true places of production of distilled spirits or liqueurs. - Article 4 of Consumer Protection Law No. 24.240 on information provided to consumers. - Article 5 of Law No. 22.802 on Fair Trade. - Article 4 of Law No. 24.420 on Consumer Protection. The other applicable provisions are Article 10 bis of the Paris Convention (Law No. 17.011) and those of Law No. 25.156 on Competition.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 8. Please describe in detail the manner in which the additional protection required for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of Argentine geographical indications for such products so protected.
The additional protection for wines and spirits under Article 23.1 of the TRIPS Agreement was established in Argentina through the enactment of Law No. 25.163 of 15 October 1999, laying down general rules concerning the designation and presentation of wines and spirits obtained from wine of Argentine origin.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 9. Please describe the procedure that must be followed to obtain protection for textile designs in Argentina and cite to the relevant provisions of law or regulation.
There is no specific legislation for the protection of textile designs. However, these are covered by the legislation governing industrial designs (Decree Law No. 6.673/63, Decree No. 5682/65 and Resolution No. 21/74 of the National Directorate of Industrial Property).
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 10. What term of protection does the patent law of Argentina provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
No reply is given to this question, as it refers to issues that are being dealt with in consultations with the United States in the framework of the WTO or to matters which – because they relate to such issues – may have a direct impact on the consultations.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 11. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Argentina, including the term of protection, and cite to the relevant provisions of law.
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.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 12. Please describe in detail how the laws of Argentina provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
No reply is given to this question, as it refers to issues that are being dealt with in consultations with the United States in the framework of the WTO or to matters which – because they relate to such issues – may have a direct impact on the consultations.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Estados Unidos de América 13. Please describe in detail the manner in which the laws of Argentina provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
No reply is given to this question, as it refers to issues that are being dealt with in consultations with the United States in the framework of the WTO or to matters which – because they relate to such issues – may have a direct impact on the consultations.
14/12/2003

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