IP/Q/ARG/1/Add.1, IP/Q2/ARG/1/Add.1, IP/Q3/ARG/1/Add.1, IP/Q4/ARG/1/Add.1 |
Argentine |
Suisse |
8. Please explain in detail if your legislation ensures that undisclosed test or other data submitted by an applicant to the responsible State agency in the procedure for market authorization of a pharmaceutical or of an agricultural chemical product is protected against disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the data of the first applicant, when applying subsequently for market authorization for his own product. Does your legislation provide for exceptions to this? If yes, under what conditions would such exceptions apply? Does your legislation set a specific term of protection for undisclosed test or other data of the first applicant?
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The wording of the question does not properly reflect the obligations contained in Article 39 of the TRIPS Agreement. Argentine law in this area is consistent with those obligations.
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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 |
Argentine |
Suisse |
9. Please indicate remedies provided by your legislation, which constitute effective deterrents to infringements of intellectual property rights.
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See Argentina's replies to the Check-list of Issues on Enforcement.
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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 |
Argentine |
Suisse |
10. Please describe any new initiatives that are planned to improve enforcement of intellectual property rights in your country, particularly initiatives related to criminal enforcement.
|
This question does not require an answer, since the review provided for in Article 63.2 of the TRIPS Agreement is confined to legislation in force.
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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 |
Argentine |
Suisse |
11. How does your law comply with the requirement of "prompt and effective provisional measures" set in Article 50 of the TRIPS Agreement, in particular for patents? Please cite the relevant laws and provisions.
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See 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 6.
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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 |
Argentine |
Suisse |
12. Please explain how Article 70.7 of the TRIPS Agreement is implemented in your legislation. What is considered to be "new matter" in your law?
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See 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 8(b).
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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 |
Argentine |
Union européenne |
26. Please describe how your legislation defines the notions: of novelty, inventiveness and industrial application.
|
Law No. 24.481 on Patents, amended by Law No. 24.572 (harmonized text 1996), hereinafter the Law on Patents, defines the notions of novelty, inventiveness and industrial application in Article 4.
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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 |
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.
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Exclusions from patentability are provided for in Articles 6 and 7 of Law on Patents.
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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 |
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.
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Yes, the relevant provisions appear in Article 7(a) of the Law on Patents and Article 7 of Decree 260/96.
|
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 |
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.
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They are excluded under Article 6(e) of the Law on Patents.
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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 |
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 Articles 6(a) and (g) and Article 7 of the Law on Patents, as well as Article 6 of Regulatory Decree No. 260/96.
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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 |
Argentine |
Union européenne |
31. Please describe how micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are protected in your legislation. Please, explain, in this respect, the relevant sections of your legislation.
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Plant varieties are protected under the Law on Seeds.
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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 |
Argentine |
Union européenne |
32. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
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They are protected through Article 8 of the Law on Patents. See also WT/DS171/3, WT/DS196/4, IP/D/18/Add.1, IP/D/22/Add.1 of 19 June 2002, point 4.
|
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 |
Argentine |
Union européenne |
33. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
|
Argentina provides protection for pharmaceutical and agricultural chemical products through the Law on Patents.
|
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 |
Argentine |
Union européenne |
34. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
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Yes. See 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 4.
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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 |
Argentine |
Union européenne |
35. Please explain the additional conditions, if any, in your legislation other than the sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for access to genetic material or prior inform consent to its use). If such additional conditions exist, please point out the relevant legislations and describe additional conditions in detail.
|
|
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 |
Argentine |
Union européenne |
36. Please describe if your legislation provides for limited exceptions to the exclusive rights conferred by a patent. If affirmative, please make a reference to relevant legislation.
|
Article 36 of the Law on Patents provides for the establishment of limited exceptions to the rights conferred by a patent.
|
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 |
Argentine |
Union européenne |
37. Please explain whether or not your legislation provides for compulsory licensing. If so, please explain in detail the conditions under which a compulsory licence may be granted. In particular, please explain how your national legislation considers individual merits in the authorization of such use.
|
Argentine law does provide for compulsory licensing, which is regulated by Articles 42-50 of the Law on Patents.
See also 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 |
Argentine |
Union européenne |
38. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of compulsory licence shall be authorized predominantly for the supply to the domestic market of the Member authorizing such use.
|
Argentine law provides for compulsory licensing, which is regulated by Articles 42 50 of the Law on Patents.
See also 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 |
Argentine |
Union européenne |
39. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
|
|
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 |
Argentine |
Union européenne |
40. Please explain how your legislation provides for the enhanced patent protection of patents or patent applications pending on 1 January 1995.
|
|
22/01/2003 |
|