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.

* Vous n'êtes PAS obligé(e) de sélectionner tous les champs de recherche ci-dessous (uniquement les champs qui sont pertinents pour votre recherche).
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Page 489 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 États-Unis d'Amérique 14. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party’s claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Argentina provide this authorization, citing to the relevant provisions of law or regulation.
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 Argentine États-Unis d'Amérique Follow-up question: Please explain whether there are any laws or regulations in Argentina to ensure that government agencies do not infringe intellectual property rights in works such as computer software that is used in government agencies. Please describe any procedures that are in place to ensure that there is no unauthorized use of intellectual property rights by the Government of Argentina.
At the end of 2000, the Office of the Chief of Cabinet was pursuing its investigation into the matter with extremely positive results, which means that the issue of avoiding infringements of copyright in this sphere is on the way to being settled. A number of provinces such as Santa Fe, Cordoba and Buenos Aires, which rank among the country's principal software users, have put an end to irregularities. Efforts are continuing at both public and private level in order to regularize the situation.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 15. Please describe in detail the manner in which Argentina provides for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
There are no special requirements related to border measures. The applicable national legislation is the Argentine Code of Civil and Commercial Procedure, which provides for the possibility of filing a request for a precautionary measure, stating the right for which protection is claimed, the measure applied for and the provision of the law on which it is founded, and confirming that the relevant requirements, in particular regarding the measure requested, have been met. Articles 24, 83 and 79 apply in matters pertaining to industrial designs, patents and copyright law, respectively. A reading of these Articles makes it clear that, under Argentine legislation, the suspension of release of prima facie counterfeit goods may be requested as a precautionary measure.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 16. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
See the reply to question 15 above.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 17. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Argentina are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
In addition to the procedures under the core codes and each of the special laws, it should be mentioned that, as criminal actions concerning patents, copyright and trademarks are public prosecution proceedings, the Public Prosecutor's Office is empowered to institute such proceedings and must initiate them ex officio, pursuant to Article 5 of the Argentine Code of Criminal Procedure.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique Follow-up question: Please explain whether an interested party may file a sworn declaration with the customs authorities of Argentina to prevent the entry into commerce of infringing materials or to enable the seizure of infringing materials from abroad.
No, Argentine Customs may suspend clearance only by judicial order (and not on the basis of a sworn declaration filed with the administrative authority).
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 18. Please describe in detail how the laws of Argentina implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
Jurisdiction for hearing cases of criminal infringement of industrial property rights lies with the federal criminal courts (Jueces Federales en lo Criminal y Correccional). The relevant articles and laws are the following: (a) Articles 75, 76, 77 and 78 of the Law on Patents and Utility Models; (b) Articles 31 and 38 of the Trademark Law; (c) Article 21 of Decree No. 6.673/63 on Industrial Designs. The national criminal courts have jurisdiction as regards procedures relating to infringements of copyright and related rights, and are empowered to order rapid and effective precautionary measures in order to preserve evidence of infringement of such rights. This is provided for in Articles 71, 72, 72 bis, 75, 76 and 79 of Law No. 11.723. Precautionary measures may be ordered without prior notification of the alleged infringer.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 19. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Argentina that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
See the reply to question 18 above.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 20. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Argentina that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
See the reply to question 18 above.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 21. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
Statistical data available from administrative sources is as follows for the year 2000: (a) Industrial designs A total of 1,738 applications for registration, including 1,248 original applications and 490 applications for renewal, were filed in 2000. Registrations were granted for 1,709 of these applications, including 1,233 original applications and 476 applications for renewal. (b) Patents and utility models In 2000, the National Patents Office received 7,033 applications, including 6,636 for patents and 397 for utility models. A total of 4,224 applications were processed, with the following results: - Granted: 1,864 - Withdrawn: 1,830 - Refused: 30 - Abandoned: 500 (c) Trademarks In 2000, the Trademarks Office recorded 57,723 applications for new trademarks and 3,989 applications for renewal, i.e., a total of 61,712. As many as 52,021 applications were processed, with the following results: - New trademarks granted: 36,640 - Renewed: 8,046 - Abandoned: 3,177 - Withdrawn: 1,367 - Lapsed: 1,884 - Refused: 822 (d) Copyright and related rights A total of 157 civil and criminal actions claiming protection of intellectual property of software were brought in 2000. Judicial search orders or orders to make findings inaudita altera parte were issued, thus making it possible to ascertain infringement and to continue examining the merits of the complaints. These actions led to prosecutions and convictions for software piracy, subject to punitive sanctions on grounds of omission and fines.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine États-Unis d'Amérique 22. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
The Executive does not have the requested information in hand at present.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Japon 1. Please explain exceptions or exemptions of the national treatment and most-favoured-nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement.
With regard to the protection of copyrighted works and neighbouring rights, there are no exceptions in Argentine legislation to the most-favoured-nation clause or national treatment obligation.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 1. Are the provisions of the TRIPS Agreement directly applicable in your legal system?
Please see the communication from Argentina at the end of this document.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 2. Does your legislation grant patent protection to all categories of products or are there any exceptions? If so, please explain in detail what kind of exceptions exist and how they comply with Article 27 of the TRIPS Agreement. In particular, is patent protection granted to all pharmaceutical products?
Please see the communication from Argentina at the end of this document.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)?
Please see the communication from Argentina at the end of this document.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 4. Please explain how Article 28.2 of the TRIPS Agreement is incorporated in your legal system.
Please see the communication from Argentina at the end of this document.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 5. Does your legislation make the granting of a compulsory licence subject to all the conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
Please see the communication from Argentina at the end of this document.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 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.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentine Suisse 7. Please explain whether parallel imports of patented products are permitted by your legislation.
Please see the communication from Argentina at the end of this document.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/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 original 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?
Please see the communication from Argentina at the end of this document.
14/12/2003

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