IP/N/1/URY/2

Uruguay

[Not Applicable]

With reference to the notification requirements in respect of intellectual property, the Mission of Uruguay would like to communicate the following: (a) Articles 70.8, 70.9 and 63.2 of the TRIPS Agreement (Additional Notification): Uruguay has a specific enactment governing the filing of patent applications for chemical, pharmaceutical or agricultural chemical products. It should be noted that: (1) This is a legal rule which requires the Industrial Property Office to comply with TRIPS Article 70.8, with the stipulation that, as from 1 January 1995, patent applications are made subject to prior payment of the relevant fees and that they are received under TRIPS Article 70.8. (2) We consider that the rule is absolutely clear, maintaining the novelty of such applications by means of a legal fiction and applying to them the criteria for patentability established in the TRIPS Agreement; (3) Uruguay receives patent applications corresponding to the situation described, pending the entry into force of patenting for such products. (b) Articles 3, 4 and 5, together with Article 63.2 and the Decision of the Council of 21 November 1995: in Uruguay there is no discriminatory treatment of any kind. (c) Article 63.2 and the Decision of the Council for TRIPS of 21 November 1995 (IP/C/2 and 5): this notification requirement does not apply to Uruguay, since it is in a transitional period.