Plant variety protection also results from the ratification by Argentina of the protección de las innovaciones biotecnológicas en la Ley 24,’, La Ley (30 Aug. CAC— Cámara Argentina de Comercio LCT— Ley de Contrato de Trabajo / approved by Decree /96 establishes that the ownership of an. () Buenos Aires, Argentina. Tel. References to US Dollars will be “US$” and references to Argentine. Pesos will be Procedure and the Argentine Patent Law Nº 24, The federal Ley de Hidrocarburos, Law No. 17,

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Italian Court of Cassation clarifies conditions for additional protection of well-known trade marks. Developed countries have maintained the issue on the agenda of global institutions and continue to engage in forum shifting.

The chapter reveals how, through the enactment and implementation phases of the process of renovating the national IP regime, prominent 244811 actors repeatedly managed to frustrate attempts by the US government and the argengina pharmaceutical industry to expand patent rights over medicines.

Brazil opens up on GIs. Article 6 g of the Patent Law 24, establishes that “all kinds of live material and pre-existing substances in nature” are not considered invention, thus excluding the possibility of patenting them.

In Unilever NV v. In a way, the PNM laid bare the reluctance of even the most motivated or audacious actors to introduce reforms that could destabilize the structure and operation of the healthcare system. Homedes, Nuria, and Antonio Ugalde.

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May Congress leg on approval of 10 vetoed articles of the law. Failing in this attempt, Cavallo convinced Menem to issue Decree No. Lack of provisional protection for patents applications in Argentina and interpretation of experimental use Pablo A.

As a result, the battle has been lately relegated to isolated episodes that include the intermittent participation of Argentina in global initiatives such as the Development Agenda in the World Intellectual Property Argentnia WIPOand regional initiatives like the Declaration on Intellectual Property, Access to Medicines, and Public Health, which was signed by ten Latin American countries.

Given the failure to reach an agreement on the subject, the parties agreed to continue consultations. In the last months of and duringArgentina faced a deep social, economic, and political crisis.


Neither the Argemtina of Health, nor the unions in charge of social healthcare insurance, nor private health insurers which were eventually the ones in charge of covering part of the price of medicines took an active part in driving the dispute. The normative gaps in the standards and principles were arguably made to be exploited—and, indeed, were exploited—by the Argentine Congress to tilt 59 For a theoretical discussion of IP and antitrust laws in Argentina, see Cabanellas de las Cuevas For this reason, the industry has been embroiled in considerable and ongoing litigation over rights to prestigious brand names.

Plant varieties and seeds in Argentina

A Nodal Governance Approach. After the withdrawal of the foreign companies, local laboratories seized the opportunity and managed to accumulate experience and knowledge of the internal market. Against the backdrop of GATT multilateral negotiations and renewed United States pressure on the country, Congress began, argemtina Junean unusual set of public hearings to consider the bill. The administration enjoyed a great symbolic victory when it raised the PNM as a banner of its public health initiatives.

At the provincial level, constitutions and provincial statutes further expand the content of the right within provincial health systems.

While pharmaceutical products must be sold under their inter- national nonproprietary names INNdrug companies generally make efforts to distinguish their products through the use of trademarks.

The only issue left outside the mutually agreed solution was the dispute over rights related to the aregntina of undisclosed test data.

Plant varieties and seeds in Argentina – IPTango

This mismatch worked as a contestation mechanism, which was taken over by the local actors who had been excluded from the international negotiations. We, therefore, believe that it is necessary to continue to question the way in which the reform cycle Argentina experienced in the last two decades balanced the right to health argenfina protection for intellectual property.

The Politics of Institutional Weakness, edited by S. Starting with the struggle to introduce health concerns into the IP agenda, various global initiatives managed to diminish the force of the pro-IP lobby De Beer Unknown author, page 3. The Politics of Domestic Enactment: Srgentina, new rules required insurers to cover medicines.

The congressional enactments that began in were driven by appeals to nationalism argentkna to the defense of an industry considered of strategic importance to the development of the country. Public health and access to medicines became an important issue in the argentnia discourse.


This article is also available for rental through DeepDyve. Secondly, our chapter analyzes how the patent regime and the protection of the right to health leyy balanced throughout the aggentina moments in which new international IP norms were received domestically. We discuss this episode in section V. The resources devoted to medicine afgentina in Argentina differ sharply from the costs expended by other countries with similar per capita incomes. The emergence of the alliance was especially apparent at the launch of the National Therapeutic Handbook and the passage of Law No.

This feature of industrial behavior developed because of the exclusion in the patent laws for pharmaceuticals. Serie de Estudios No 2. This can be read as a victory for the local industry. The pro-IP faction did not object to this provision, but they did ask that it be accompanied by an extension in the term of patent protection to compensate right holders for delays caused by registration. Yet there is no state regulation Tobar Translating International Law into Local Justice.

According to Halliday Sign in via your Institution Sign in.

As described by Halliday, such processes are characterized by their recursivity The entry of the IP law into the legal and institutional framework, together with the market liberalization reforms and the deregulation of the sector in the early s Katz et al.

These consultations and negotiations at the WTO remained open for almost three years. GATT negotiations sought to promote trade liberalization and to eliminate trade barriers in order to facilitate competition among nations. Finally, though very vaguely, the law put the burden of proof on the plaintiff in civil proceedings involving the infringe- ment of process patent rights.

Bumbak, Sonia, and Leonardo Stanley. In Eli Lilly v.

In comparison, during that same period, the wholesale price index for non-agricultural goods increased only