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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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Thus the brand name market made up of both national and foreign brands was strengthened, and pockets of monopolistic medicines were created within each insurance agency, negatively impacting the prices paid by consumers.

The 244481 regulation model established in the approved statute was far from satisfactory to the United States.

Survey of 10 Countries. This link was foreshadowed by the United States Trade Act of These demands, they argued, would lead to the end of the development of a high-tech national industry, which in turn would send a negative signal regarding investment in science and technology Novaro Their use was limited, however, after the United States and Argentinq terminated the WTO case in a mutually agreed solution, which settled, among other things, the conditions for awarding preliminary relief.

Furthermore, the negotiations illustrated the maneuvering room that Menem had available to interact with an increasingly powerful Minister of Finance and with the opposing factions of the Peronist Party in Congress.

According to contemporary press accounts, United States Ambassador Terence Todman was the principal domestic spokesperson for the pro-IP demands. In that period, the multinational industry attempted to apply the new legislative framework broadly and to close off spaces that might offer the national industry room to maneuver. Citing articles via Google Scholar. The decree repealed old Law No.

Pushing adgentina on Globalization, edited by J.

INPI consistently denied requests for such 74 Transitional patents allowed those who had made investments for using a patented invention before January 1, to continue to use the patented invention if they offered reasonable compen- sation to the owner of the patent Kors In its decision in Karl Thomae,79 on February 13,the Court explained the difference between the date of entry into force of the Agreement, which was January 1,and its date of application, which depended on the length of the transition periods.


As suggested argeentina Figure 2. The cases initiated by the multinational companies gave the Some of these episodes highlighted important questions concerning the availability of antiretro- viral drugs. Purchase Subscription prices and le Short-term Access To purchase short term access, please sign in to your Oxford Academic account above. For decades, national companies had copied pharmaceutical formulas from foreign laboratories, producing and selling those copies in the country at regulated prices.

Byit was clear that the country needed to secure global integration through alignment with the United States and Europe. Page views since June In its third 2481 law in less than a year, Congress insisted on its legislative priority in the determination lwy the IP regime in force, which was then considered as emerging from a harmo- nious interpretation of Laws No.

However, Menem did not press Congress; he simply sent a new bill to the legislators. Against this backdrop, our chapter offers a case study with a twofold purpose. As a result, they progressed to the point where they leu add value to products by tailoring them to domestic conditions and to the needs argentima the local healthcare system. Another important issue in the context of this legislative resistance cycle con- cerned the approval of the so-called Bolar Exception.

As part of the arrangement, Argentina implemented several deregulatory initiatives, privatized various state companies, and decentralized public utilities. As part of the cycle of research, the manufacturers of original drugs generally covered by patents must produce pre-clinical studies and clinical trials showing bioavailability the concentration of the drug in the bodysafety, and therapeutic effect.

Menú principal

Lustig, Doreen, and Benedict Kingsbury. Towards the late s, transnational social movements, inter- national nongovernmental organizations, and UN agencies combined to challenge the framework of the TRIPS Agreement, based on the right to health and access to medicine.

The argentona measures included three key features: Their political and market capital would bear fruit during the IP reform process that is studied in the following sections. 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. Balancing Wealth and Health Chapter No: As in the original Executive bill, the new law extended patent protection to pharmaceutical products.


In the domestic context, the local industry exploited the contradictions built into the Argentine discourse that had associated patent protection with global integration, economic liberalization, and development, demonstrating the inadequacy of the project to further other national goals.

April Decree No. Unknown author, page 3. Inone year before the entry into force of the Patent Law, Argentina had the highest average price of medicines in Latin America Isalud After explaining that plant varieties protection can be excluded from patent protection under TRIPS they add ” The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries.

Italian Court of Cassation clarifies conditions for additional protection of well-known trade marks. Don’t have an account?

Timeline of US-Argentina Dispute on Pharmaceutical Patents,

Innegotiations recommenced. For the national industry, however, what was at stake was the survival of its business model for producing and marketing drugs; the industry did not consider these demands a part of what had been agreed in the Uruguay Round.

The new legislation reproduced article The First Phase of the Domestic Cycle, — The triggering moment for the global norm making struggles that are the back- ground of our domestic case study can be traced to a series of transformations generated in the United States in the mids which reinforced the relationship argsntina IP and international trade Drahos For this reason, the industry has been embroiled in considerable and ongoing litigation over rights to prestigious brand names.

Likely explanations for the marginalization of the subject in argentima years include the radical transformation of the Argentine strategic position on the global map, as well as the migration of international disputes toward other IP matters; changes in the position of the national and multinational industry in the medicines market; and the limited use of patents on medicines sold within Argentina.

Secondly, our chapter analyzes how the patent regime and the protection of the right to health were balanced throughout the different moments in which new international IP norms were received domestically.