Examen de la législation d'application de l'Accord sur les ADPIC ‒ Recherche

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Aux termes de l'article 63:2 de l'Accord sur les ADPIC, les Membres doivent notifier les lois et réglementations qu'ils auront rendues exécutoires, et qui visent les questions faisant l'objet de l'Accord, au Conseil des ADPIC pour l'aider dans son examen du fonctionnement de l'Accord.

Cette page vous permet d'effectuer une recherche dans les questions et réponses des Membres au sujet des lois et réglementations notifiées. Vous pouvez consulter les résultats de la recherche à l'écran ou les télécharger afin de les imprimer au format Excel. Vous pouvez également télécharger des documents spécifiques.

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Page 19 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 15. Please give the definition of a geographical indication in your legislation.
The term geographical indication means a name identifying a good as originating from a specific region, locality or area of production in the national territory that is no larger than a recognized province or interprovincial zone. A geographical indication is justified solely where a given quality and the characteristics of the good in question are essentially attributable to its geographical origin.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 16. Please describe and explain the provisions of your legislation establishing a link, if any, between the characteristics of an indication and its geographical origin.
Law No. 25.163 on Wines and Spirits sets out, in its Article 7 for example, the procedure for recognition of geographical indications.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne Follow-up question: Please explain how the provisions of Article 7 ensure that the terminology used as a geographical indication relates to the geographical area where the goods originate. Alternatively, explain whether or not a name unrelated to the way a geographical area is commonly known can be used as part of the geographical indication.
Article 7, on which the follow-up question from the European Communities is based, refers to "geographical indications" as defined in Article 4 of Chapter III of Law No. 25.163. The Article in question states that a geographical indication is the name which identifies a product as originating in a defined region, locality or area of production in the national territory, which is no larger than a recognized province or interprovincial zone. The five paragraphs of Article 7 describe the elements that must be included in the reports, explanatory material and/or studies designed to obtain recognition of a "geographical indication".
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 17. Please describe how additional protection is granted by your legislation to wines and spirits. Please mention other types of products, if any, covered by this additional protection.
Law No. 25.163 relating to the geographical denomination of wines and spirits establishes a register of geographical indications for wines and spirits, which grants parties that fulfil the criteria under the Law an exclusive right to use indications of source, geographical indications and registered appellations of origin. It also lays down a system of prohibitions, infringements, penalties and fines.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne Follow-up question: Please provide the definitions pertaining to the notions of IP, IG and DOC. Please explain the different fact patterns to which they apply. Please explain their differences, with particular regard to the difference between IP compared to those of IG and DOC.
Law No. 25.163, Article 3: Indication of source "The use of an indication of source is reserved exclusively for table wines or regional wines. The procedure for determining the geographical area of an indication of source, the conditions of use and the control of that sector of the regime are the exclusive responsibility of the implementing authority for this Law." Law No. 25.163, Article 4: Geographical indication "For the purposes of this Law, geographical indication (IG) is understood to mean: the name identifying a product as originating from a specific region, locality or area of production in the national territory that is no larger than a recognized province or interprovincial zone. A geographical indication is justified solely where a given quality and the characteristics of the product in question are essentially attributable to its geographical origin. In the above definition, 'product originating … ' is understood to mean a product processed and bottled in the specific geographical area, using grapes from Vitis vinífera L vines, where they have been entirely produced, harvested and bottled in the same area. In cases where the processing and/or bottling of the product is carried out in a geographical area different from that where the grapes are produced, the origin of the product shall be determined by reference to the name corresponding to the area of production of the grapes in conjunction with the name of the geographical area encompassing the production of the grapes and the processing and/or bottling of the product. In the case of bulk exports, the products concerned shall retain their designated classification. 'Geographical area': the area defined by overall boundaries based on administrative or historical boundaries. 'Area of production': the area comprising a plot of land or a set of plots, situated within a geographical area, which owing to the nature of their soil and their environmental situation are deemed suitable for the production of high-quality wines." Law No. 25.163, Article 13: Registered appellations of origin "For the purposes of this Law, a registered appellation of origin (DOC) is understood to mean the name which identifies a product originating from a specific region, locality or area of production in the national territory, the specific qualities or characteristics of which are exclusively or essentially due to the geographical environment, including natural factors and human factors. The following meanings are applicable to terms contained in the above definition: 'Product originating … ': the product obtained from grapes taken from vines of the Vitis vinífera L species, wholly produced in the specific area, processed and bottled in the same area, and explicitly certified as meeting these requirements by the implementing authority. 'Area of production': the area comprising of a plot of land or a set of plots situated within a geographical area, which owing to the nature of their soil and their environmental situation are deemed suitable for the production of high-quality wines. 'Geographical area': the area defined by overall boundaries based on administrative or historical boundaries." Indications of source (IP) are merely indications identifying the origin of the product, since no requirements are laid down in respect of "quality, reputation or other characteristics" essentially attributable to its geographical origin.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your jurisdiction. Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.
The methodology for using the exceptions under the Agreement is set forth in various provisions of domestic law, such as Article 32 of Law No. 25.163. However, the assessment of whether a name is to be considered as generic must be conducted on a case-by-case basis, at a given moment in time and for a specific region.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne Follow-up question: Article 24.6 of the TRIPS Agreement states that generic names shall be appraised in relation to the "common language (…) for such goods or services in the territory of that Member". The plain meaning of Article 32.2 of Law No. 25.163 seems to indicate that the "generic" character needs to be assessed vis-à-vis the "country of origin". Yet, the answer to question 18 refers to an evaluation of such "generic" character to be made with respect to a "limited territory". Please clarify whether the "country of origin" of Article 32.2 of Law No. 25.163 refers to the country where the goods originate, the country where the GI was first protected or simply Argentina. Please clarify whether the "limited territory" to which you referred in your answer to question 18 implies that the "generic character" can be recognized in only part of Argentina and yet apply to (i) all, or (ii) part, of the country.
Article 32(a) of Law No. 25.163 is the implementing provision for the exception under Article 24.6 of the TRIPS Agreement. The Article provides that generic names shall not be registerable as indications of source, geographical indications or registered appellations of origin when they constitute the common name of a good identified with that name by the general public in Argentina.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 19. Please provide examples of geographical indications for wine under the applicable legislation and how they comply with the definition of Article 22.1 of the TRIPS Agreement.
As the implementing legislation has not yet been passed, no geographical indication has been registered to date, but Law No. 25.163 lays down the requirements for complying with Article 22.1.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 20. Please explain which legal criteria determine whether the use of a certain geographical indication for wine, which, although literally true as to the territory, region or locality in which the wine is made, falsely represents to the public that the goods originate in another territory (Article 22.4 of the TRIPS Agreement).
The applicable legal criterion stems from Article 3(d) of the Trademark Law, which prohibits the registration of trademarks that are liable to mislead the public as to the nature, properties, merit, quality, manufacturing methods, purpose, origin, price or other characteristics of the goods or services that they are intended to distinguish. Other applicable provisions include: - Chapter V (Scope and Obligations) of Law No. 25.163 on Wines and Spirits, relating to the protection of indications of source, geographical indications and registered appellations of origin; - Article 1135 of the Argentine Food Code, which prohibits appellations of origin using names other than the true places of production of distilled spirits or liqueurs; - Article 4 on information to consumers and Article 7, inter alia, of Law No. 24.240 on Consumer Protection; - Article 5, inter alia, of Law No. 22.802 on Fair Trade; - Article 10 bis of the Paris Convention (Law No. 17.011) and Article 1, inter alia, 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 Argentine Union européenne Follow-up question: Please explain whether Argentinean law permits the use of a certain geographical indication for wine which, although literally true as to the territory, region or locality within Argentina in which the wine is made, falsely represents to the public that the wine originates in another territory of identical name of another WTO Member in which the GI gained its original, prior reputation.
This question has already been answered under question 20 in the first set of questions from June 2001. There appears to be an element of confusion in the follow-up question, since on the one hand it includes points to which the TRIPS Agreement makes no reference, while curiously, on the other hand, no mention is made of Article 23.3 of the TRIPS Agreement, the Article which lays down specific requirements for the protection of homonymous geographical indications for wines, which are explicitly recognized by the Agreement.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 21. Please explain how your legislation implements the obligation of Article 24.3 of the TRIPS Agreement not to diminish the level of protection of geographical indications that existed in a Member immediately prior to the entry into force of the WTO Agreement, where a new Argentinian geographical indication conflicts with an existing, well-known geographical indication for wines of another WTO Member.
Prior to the entry into force of the TRIPS Agreement, the protection of geographical indications was governed by the Laws on Fair Trade (No. 22.802), Trademarks (No. 22.362), Consumer Protection (No. 24.240) and Unfair Competition (No. 22.262). The situation referred to in the above question has not arisen so far. In view of the recent enactment of Law No. 25.163 on Wines and Spirits, no Argentine geographical indication has been registered to date.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 22. Please explain whether or not your legislation extends to the protection of designs dictated essentially by technical or functional considerations. Please explain how textile designs are protected.
The legislation on industrial designs focuses exclusively on ornamental aspects and therefore does not extend protection to designs dictated by technical or functional considerations, which are expressly excluded (but are eligible for protection as utility models under Articles 53 to 58 of Law No. 24.481). Argentina has no specific legislation for the protection of textile designs. These are eligible for protection under the legislation governing industrial designs (Decree Law No. 6.673/63 ratified by Law No. 16.478).
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 23. Please explain how your legislation protects right holders of a design against importing of articles bearing embodied or copied design.
The legislation governing industrial designs provides for both civil and criminal action to protect the owner of an industrial design against the importation of articles presenting characteristics that are covered by the registration of a design or its copies (Articles 19 to 27 of Decree Law No. 6.673/63).
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 24. Please state whether or not your legislation provides for the right to issue a compulsory licence for industrial designs.
Argentine legislation does not provide for such a mechanism.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 25. Please indicate for what period of time your legislation grants protection for industrial designs.
The term of protection granted to the owner of an industrial design under Decree Law No. 6.673/63 (ratified by Law No. 16.478) is five years counted from the date of the deposit and may be extended for two consecutive like periods, at the owner's request.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 26. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial application.
Argentina will not be answering the questions under this heading, as their content directly or indirectly refers to the dispute settlement procedure initiated by the United States against Argentina on patents and confidential information, in which the European Communities are participating as a third party.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 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.
See Argentina's communication in response to question 26.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 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.
See Argentina's communication in response to question 26.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 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.
See Argentina's communication in response to question 26.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Union européenne 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 Argentina's communication in response to question 26.
14/12/2003

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