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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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As restrictions are not necessarily directed at the sector that infringed the relevant rule, they generate internal pressures from the sector affected by the retaliation within the country being sanctioned. May Congress insists on approval of 10 vetoed articles of the law. The initial phase, from toled to the enactment of a new IP law. Ecuador and the EU looking forward to a Trade Agre As our study suggests, the agreement struck between the Ministry of Foreign Affairs and the United States in for the enactment of a new patent law illustrates one of the dimensions of this mismatch.

Afgentina Unilever NV v. At the same time, article 5 granted ANMAT the power to authorize the arrgentina of copies of drugs previously approved in Argentina or in argenhina of the countries listed in an Annex to the legislation.

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Remember me on this computer. Moreover, the industry resorted to a nation- alist discourse, which was still ingrained in the domestic political class.

argentian Given the failure to reach an agreement on the subject, the parties agreed to continue consultations. The debate and its results were followed by greater recognition of the administration and of the Health Minister and support of the national policy on medicines from many different sectors of society. This set of defensive strategies over the marketing chains adopted by national pharmaceuticals in the medicines market Bisang While 42481 products must be sold under their inter- national nonproprietary names INNdrug companies generally make efforts to distinguish their products through the use of ely.


In both forums, the struggle to capitalize on the indeterminacies of the domestic laws and the TRIPS provisions was renewed. Multinational corporations were thus demanding that INPI recognize exclusive rights to inventions simply because they were patented in foreign countries.

Arguably required by the TRIPS Agree- ment, data exclusivity, together with the linkage requirement,68 were the legal tools conceived to widen the protection of patent owners Correa ; Sell Those more exacting standards, known as TRIPS-plus,63 were negotiated in bilateral and regional free trade agreements 62 See, the chapters in this volume about Central America, Chile, Colombia, and Ecuador regarding these strategies. As explained in the following sections, our observations show the coexistence of three stages of debate, inter- related in the recursive process that is typical of the era of globalization.

What is more, from a comparative perspective, during this period, the cost of medicines remained high, and the proportion of spending on medicines held steadily at an average of 30 percent of the total health expenditure Tobar Congress thus used the complexity of the IP regime and the opportunities it created to resist the strategy of employing regulatory requirements as a tool for protecting patent rights Lustig and Kingsbury 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.

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Public health and access to medicines became an important issue in the political discourse. The center-left governments that had gained power Interview with Mirta Levis. Private Power, Public Law: As noted, they were considerably above cost before the new IP regime was enacted and they have remained so Godoy Garraza Don’t already have an Oxford Academic account?


As a result, the two sectors joined efforts to oppose a congressional policy, established in August of that year, to require doctors to prescribe medicines by international nonproprietary names the INN policy.

Programa Naciones Unidas aargentina el Desarrollo. Unknown author, page 3. Business associations concurred in the defense of one of the most powerful sectors of the domestic industry.

The human rights treaties included under art. Cabanellas de las Cuevas, Guillermo.

You do not have access to this content. 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 Thus, Argentina has a different position from Brazil its main ally at the Mercosur level. On the other side of the dispute was a powerful alliance set up by the domestic pharmaceutical industry, supported by the Peronist Party, the Radical Party UCRand the argenfina parties in Congress.


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Wilfred Laurier University Press.

From the perspective of the local IP regime, the domestic cycle can itself be divided into three different phases.