Suisse
Argentine
Brevets (y compris la protection des variétés végétales)
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 Argentinian 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.
Please see the communication from Argentina at the end of this document.