RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/ARG/1
IP/Q2/ARG/1IP/Q3/ARG/1
IP/Q4/ARG/1
14 December2001
(01-6340)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
ARGENTINA1
This document reproduces the introductory statement by the delegation of Argentina, the
questions addressed to it and the replies given in connection with the review of legislation at the
Council's meeting of 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
In the process of incorporating in its legislation the obligations undertaken by the country and
the principles and basic rules governing international economic relations, Argentina has made
provision, inter alia , for the fulfilment of its commitments, the most-favoured-nation clause, national
treatment, free market access or free circulation and the protection of trade-related intellectual
property,  and the protection of life and health.
The National Constitution is the supreme body of legislation in the legal order of the
Argentine Republic, and the Constitution itself lays down the fundamental principles of contractingand regulating international obligations.
Three basic rules apply in this connection – two rules that were enshrined in the Constitution
at the time of its amendment in 1994 and a third rule, which was established in the original
Constitution of 1853 and remains in force today.  The provisions incorporated in the amended textread as follows:
- Section 76.22:  "Congress is empowered […] To approve or reject treaties concluded
with other nations and international organizations, and concordats with the Holy See.
Treaties and concordats have a higher hierarchy than laws."
- Section 76.24:  "Congress is empowered […] To approve treaties of integration
which delegate powers and jurisdiction to supranational organizations under
reciprocal and equal conditions, and which respect the democratic order and human
rights. The rules derived therefrom have a higher hierarchy than laws."
                                                     
1 For the laws and regulations relevant to the subject under review and notified by Argentina under
Article 63.2 of the Agreement, see documents IP/N/1/ARG/1;  IP/N/1/ARG/C/2 to 11;  IP/N/1/ARG/G/1 to 5;IP/N/1/ARG/I/2 and 3;  IP/N/1/ARG/P/1 and 3 to 6;  IP/N/1/ARG/T/1 to 5;  and IP/N/1/ARG/U/1 to 3.
2 The minutes of the meeting were circulated in document IP/C/M/32.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 2
Section 27 of the National Constitution stipulates that "the Federal Government is under the
obligation to strengthen its relationships of peace and trade with foreign powers, by means of treaties
in accordance with the principles of public law laid down by this Constitution".
A systematic analysis of these three provisions leads to the conclusion that:(a) International treaties have primacy over domestic laws once they form part of the
national legal order;
(b) the Constitution has primacy over all treaties, except specific treaties that rank
equally with the Constitution.
Pursuant to internationally recognized ru les, the National Government assumes full
international responsibility for any act or failure to act on the part of the provincial or state
governments.
A. I
NCORPORATION OF INTERNATIONAL TREATIES AND THE TRIPS AGREEMENT IN ARGENTINE
LEGISLATION
Law No. 17.011, published in the Boletín Oficial  of 17 November 1966, enacts the Paris
Convention for the Protection of Industrial Property.
Law No. 22.195, published in the Boletín Oficial of 1 April 1980, enacts the Convention
Establishing the World Intellectual Property Organization, the Act of the Paris Convention for the
Protection of Industrial Property  and the Act of the Berne Convention for the Protection of Literary
and Artistic Works.
Law No. 24.425, approved on 7 December and promulgated on 23 December 1994, enacts the
Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, the
Ministerial Decisions, Declarations and Understandings, and the Marrakesh Agreement Establishing
the World Trade Organization and its four Annexes.
The TRIPS Agreement entered into force for Argentina on 1 January 2000.Without prejudice to Argentina’s availing itself of the delay allowed under Article 65.2, as
soon as the TRIPS Agreement had been approved the country made every effort to ensure that by the
end of the transitional period it would have national legislation that was fully consistent with this
international instrument.
In some cases, the national rules in force prior to the Agreement were already consistent with
the multilaterally agreed provisions, and in others efforts had to be made in the legislative and
regulatory spheres in order to address specific issues.
The amendments made to Argentine legislation during the transitional period consistently
took account of the provisions of Article 65.5 of the TRIPS Agreement.
Argentine intellectual property legislation affords protection for the following subject-matter.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 3
B. COPYRIGHT AND RELATED RIGHTS
Intellectual property Law No. 11.723 ( Boletín Oficial  of 30 September 1933) protects all
intellectual creations in the literary, scientific and artistic fields.  This Law has gradually been
amended with a view to adopting the new international standards.  Thus, Argentina recently accededto the two new WIPO treaties of 1996, namely  the WIPO Performances and Phonograms Treaty
(WPPT) and the WIPO Copyright Treaty (WCT).
The following changes have been introduced:(a) In Article 1 of Law No. 11.723, the term "phonographic records" has been replaced
by the term "phonograms" in the list of works enjoying copyright protection.  Thismeans that phonograms are afforded the same protection as other works in terms of
rights in the product concerned and the applicable categories of offences (Law
No. 23.741 of 28 September 1990).
(b) Article 1 also includes as protected works computer programs in the form of either
source or object codes and compilations of data or other materials, meaning that
computer programs are protected on the same terms as literary works.  This Article
further incorporates the clarification set forth in Article 9.2 of the TRIPS Agreement
(Law No. 25.036 of 11 November 1998).
(c) The term of copyright protection has been extended to 70 years after the author's
death (Law No. 24.780 of 16 September 1997).  For motion pictures, the period of
protection has been extended to 50 years after the death of the last surviving co-author
of the work, that is, under Argentine legislation, the author of the storyline, the film
producer and, in the case of musical cinematographic works, the composer (LawNo. 25.006 of 15 July 1998).
(d) Rental rights in respect of phonograms, computer programs, cinematographic works
and all other copyright protected works stem from Article 2 of Law No. 11.723.
(e) Law No. 11.723 makes no provision for licensing, with the exception of the right of
quotation, having due regard for the exclusive rights of the author.
(f) Argentina has ratified the Rome  Convention of 1961 (Law No. 23.921 of
2 March 1993) and the Berne Convention (Paris Act of 1971;  Law No. 25.140 of
24 September 1999).
(g) Other amendments have been made to Law No. 11.723, providing for procedural
steps and penalties in the event of copyright infringement (Article 72 bis,
incorporated by Law No. 23.741) and revising the amount of fines, as laid down in
Articles 73, 74 and 78 of Law No. 11.723 (Law No. 24.286 of 1993).
The competent body in this sphere is the National Copyright Directorate (attached to the
Ministry of Justice), which is responsible for the registration of copyright and related rights.
C. T
RADEMARKS
Law No. 22.362 on Trademarks and Designations, enacted in 1981, recognizes the primacy of
the Paris Convention (Law No. 17.011) , while complying with the standards established in the TRIPS
Agreement.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 4
Article 1 lists the distinctive signs that may be registered as trademarks.  This list is merely
indicative, and all signs having distinctive capacity are eligible for registration.  The Law thus
recognizes trademark protection for sounds – although this is not expressly contemplated.  Originaladvertising slogans are expressly covered.
Article 2 lays down absolute grounds for non-registration, that is, where the proposed signs
are not considered to be trademarks because they la ck the capacity to distinguish products or services;
this includes generic names and the natural or intrinsic colour of products.
Article 3 lists cases in which registration is prohibited;  these include marks that are likely to
be confused with previously registered trademarks or that are liable to mislead the consumer, and
domestic and foreign appellations of origin.
Argentine legislation follows the attributive system whereby ownership of, and the exclusive
right to use, a given trademark comes into effect wi th registration.  It should be noted that ownership
of a trade description is acquired as a result of public and ostensible use in the branch of activity in
which it is used.
Trademarks are valid for ten years and may be renewed indefinitely for like periods.  Owners
of trademarks enjoy an exclusive right entitling them to prohibit third parties from using the marks inquestion and to bring civil and criminal action if need be.  Disputes are heard by the Federal Judiciary.
Decree No. 621/1995 regulates the provisions of  the international treaties enacted by Laws
Nos. 24.425 and 17.011, in conjunction with Law No. 111.  It also establishes the National Institute of
Industrial Property (INPI).
Decree No. 558/1991 lays down a series of rules of procedure relating to the registration and
renewal of trademarks.  The incorporation of the Nice Classification of goods and services for the
purpose of registration of trademarks is the main feature of this Decree.
The competent body in this sphere is the National Institute of Industrial Property and its
National Trademarks Directorate.
D. 
GEOGRAPHICAL INDICATIONS
Geographical indications are afforded general protection under the Laws on Competition and
on Fair Trade.  In addition, the Trademark Law prohibits the registration of geographical indications
as trademarks (Article 3).
As required by the TRIPS Agreement, wines enjoy additional protection under Law
No. 25.163.
Article 1 of Law No. 25.156 on Competition, published in the Boletín Oficial  of
20 September 1999, establishes that:
"Any act or conduct relating to the production of and trade in goods or services aimed at, or
having the effect of, limiting, restricting, falsifying or distorting competition or market access,
or constituting abuse of a dominant position in a market in a such a manner as might beprejudicial to the general economic interest are prohibited and shall be punishable in
accordance with the rules of this Law.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 5
Where the conditions in the preceding paragraph apply, this Article also covers significant
competitive advantages obtained by means of the violation, established by administrative
decision or final judgment, of other rules."
Article 5 of Law No. 22.802 on Fair Trade stipulates that:
"It is prohibited to include (i.e. to 'quote') in the presentation, booklets and on containers,
labels and wrappers, words, phrases, descripti ons, trademarks or any other sign liable to be
misleading or deceptive or to create confusion with respect to the nature, origin, quality,
purity, blending or quantity of fruit or other goods, and to their properties, characteristics,
usage, marketing conditions or production methods."
Article 9 subsidiarily states that:"Any form of presentation, publicity or advertising which, through inaccuracy or
concealment, is liable to be misleading or deceptive or to create confusion with respect to thecharacteristics or properties, nature, origin, quality, purity, blending, quantity, usage, price,
marketing conditions or production methods of moveables, immoveables or services is
prohibited."
Lastly, the protection provided for in Article 23 of the TRIPS Agreement in respect of wines
and spirits was established in Argentina by Law No. 25.163 of 15 October 1999, which lays down the
general rules relating to the description and presentation of wines and wine-based spirits.
The purpose of the aforementioned Law is to provide a system for the recognition, protection
and registration of geographical names to designate the origins of wines and spirits.  Theimplementing authority is the Secretariat of Agriculture, Livestock, Fisheries and Food.
Resolution No. C.23/99 of 22 December 1999 issued by the National Institute of Vines and
Wines established a basic register of geographical areas and a preliminary list of grape production
areas whose names might qualify for recognition as geographical indications.
The following laws subsidiarily afford protection for geographical indications and consumer
protection:
(a) Trademark Law No. 22.362 (published in the Boletín Oficial  of 2 January 1981) states
in its Article 3(c) and (d) that the following may not be registered as trademarks:
• Domestic or foreign appellations of origin;  an appellation of origin is
understood to mean the name of a specific country, region, place orgeographical area that serves to designate a product originating therefrom, the
qualities and characteristics of which are due exclusively to the geographical
environment;  an appellation of origin may also be the name of a
geographical area determined for the purposes of certain products;
• trademarks that are liable to be misleading as to the nature, properties, merit,
quality, manufacturing methods, purpose, origin, price or other characteristics
of the goods or services that they are intended to distinguish.
(b) The same is provided for mutatis mutandis  in Chapter V of Law No. 25.163 on Wines
and Spirits relating to the protection of indications of source, geographical indicationsIP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 6
and registered appellations of origin . Article 46(a), (b) and (c) empowers the
implementing authority to impose penalties for misuse of appellations of origin,
indications of source or geographical indications.
(c) Article 1135 of the Argentine Food Code stipulates that geographical names
designating or characterizing distilled spirits or liqueurs may not be used for goods
originating in places other than the regions indicated by the names.
(d) Law No. 24.240 on Consumer Protection, in  its Article 4 on information, provides
that:
"Whoever produces, imports, distributes or markets goods or provides services shall
supply the consumer or user, precisely a nd objectively, with truthful, detailed,
efficient and sufficient information on the basic characteristics of the goods or
services in question."
E. INDUSTRIAL DESIGNS
Industrial designs are governed by Decree Law No. 6.673/63, which fully complies with the
provisions laid down in the relevant international instrument.  Article 30 defines industrial designs as
follows:
"The configuration or aspect incorporated in, or applied to, an industrial product that gives
them ornamental value."
The Decree follows the attributive system whereby rights come into effect with registration.
Protection may be extended to a maximum period of 15 years.
Registration of industrial designs is conditional upon fulfilment of the requirement of local
novelty.  Argentine legislation prohibits dual protection under the patent and industrial design
regimes, but not under the systems governing trademarks and industrial designs or copyright and
industrial designs.
The implementing authority is the National Institute of Industrial Property and its Directorate
of Industrial Designs.
F. PATENTS
The Executive issued Decree No. 260/96, which was published in the Boletín Oficial  of
22 March 1996.  Annex I of the Decree contains the harmonized text of Law No. 24.481 on Patentsand Utility Models, as amended by Law No. 24.572.  Annex II contains the implementing regulations
proper.
The authority responsible for implementing the Law on Patents and Utility Models is the
National Institute of Industrial Property (INPI).
The competent courts are the federal civil and commercial courts or the federal criminal
courts ( Tribunales Federales en lo Criminal y Correccional ), as the case may be.
The provisions of the TRIPS Agreement have been incorporated in Argentine legislation as
part of the legislative reform.  Thus:IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 7
(a) The National Institute of Industrial Property has been established under the authority
of the Ministry of Economy.
(b) Legislation regulates the limited exceptions to the rights conferred by a patent and the
regime of compulsory licences provided for in Articles 30 and 31 of the TRIPS
Agreement.
(c) Pharmaceutical products, which were previously excluded from patentability under
Article 40 of Law No. 111, became patentable subject-matter as from
24 October 2000, pursuant to Article 100 of Law No. 24.481 (Decree No. 260/96).
Several patents for pharmaceutical products have been granted in Argentina sincethen.
(d) The filing of patent applications for pharmaceutical products became possible in
Argentina from 1 January 1995, pursuant to Article 101 of the Law on Patents and its
Regulations, which takes up the provisions of Article 70.8 of the TRIPS Agreement.
(e) With the implementation of the new Law on Patents, Argentina has increased the term
of protection of inventions from ten to 15 years, counted from the date of granting the
patent, and, depending on the inventive merit of the product or process, to 20 years,
counted from the date of filing the patent application, pursuant to Article 35 of LawNo. 24.481 and Article 33 of the TRIPS Agreement.
(f) The principle of reversal of the burden of proof has been incorporated for civil
proceedings dealing with infringement of process patents.
G. 
LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
For the protection of layout-designs of integrated circuits, Article 35 of the TRIPS Agreement
refers to Articles 2 to 7, 12 and 16 of the Treaty on Intellectual Property in Respect of Integrated
Circuits, in addition to the protection afforded under the Agreement itself.  Article 4 of the Treaty
empowers the Contracting Parties to protect layout-designs either through a special law or through
legislation on copyright, patents, utility models, i ndustrial designs, unfair competition or any other
law or a combination of any of those laws.
The only restriction in the TRIPS Agreement is that where a Member should require
registration as a condition of protection, the term of protection may be no less than ten years, counted
from the date of filing the application for registration.
Integrated circuits are covered by various intellectual property laws, depending on the context
in which they are used.  This fully complies with th e standards laid down in the relevant international
instrument.
In Argentina, where layout-designs are regarded as intellectual creations (i.e. literary, artistic
or scientific works) and meet the requirement of originality, they are covered by Copyright Law
No. 11.723;  where they constitute inventions that ar e new, involve an inventive step and are capable
of industrial application, or where they involve a new configuration or arrangement that brings a
functional improvement, they are protected by Law No. 24.481 on Patents and Utility Models;  where,
on the other hand, they involve a configuration or aspect incorporated in, or applied to, an industrialproduct that gives them ornamental value (i.e. that serves as an ornament), they are protected by
Decree Law No. 6.673/63.  In other words, depend ing on the law under which protection is afforded,
the applicable provisions are those specifying that in all cases a right holder may bring an actionIP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 8
against any party that imports, sells or otherwise distributes for commercial purposes a protected
layout-design or a product incorporating a protected layout-design (Article 36 of the TRIPS
Agreement).  All Argentine intellectual property laws in fact provide for remedies that may be
invoked by right holders in the event of infringement of their rights.
Lastly, the term of protection depends on the law affording protection for the layout-design in
question.  Where the layout-design is protected by a patent, the term is 20 years counted from the date
of filing the application;  where it is protected as a utility model, the term is ten years from the date of
filing the application;  and where it enjoys copyright protection, the term is 70 years from the date of
the author's death.  In all cases, the term of protec tion is consistent with that provided for in the
TRIPS Agreement.
H. PROTECTION OF UNDISCLOSED INFORMATION
Law No. 24.766, passed on 18 December 1998 and published in the Boletín Oficial  of
20 December 1996, enacts the Law on Confidential Information.
This Law incorporates the provisions of Article 39 of the TRIPS Agreement.  Article 1 takes
up word for word the requirements, laid down in Article 39.2 of the Agreement, for information to be
considered confidential.
Provision is also made for protection against dishonest commercial use of information
submitted to the local health authority for approval of new chemical entities, provided that theinformation meets the requirements of Article 1 and is the outcome of significant technical and
economic effort, meaning that it may not be disclosed.
The procedure for registering agricultural chemical products (phytosanitary products) is set
forth in Resolutions Nos. 350/99 and 440/98 of the Secretariat for Agriculture, Livestock, Fisheriesand Food (SAGPyA).  The procedure for registration of pharmaceutical products is regulated by
Decree No. 150/92 (harmonized text, Decree No. 177/93).
As regards the registration of pesticides in Argentina, Decree Law No. 3.489/58 regulates all
matters relating to inspection, control and marketing of chemical and/or biological products for the
treatment and destruction of plant and animal pests injurious to cultivated or useful plants within the
territory of the Republic.
Decree No. 5.769/59 regulates, extends and updates Decree Law No. 3.489/58.  It designates
control authorities, sets tariffs and lays down the obligation to register phytosanitary products and
companies within the national territory.
SAGPyA Resolution No. 440/98, published in the Boletín Oficial  of 4 August 1998,
establishes the Manual of Procedures, Criteria and Scope for the Registration of Phytosanitary
Products in the Argentine Republic.  Annex I establishes the Manual of Procedures proper, while
Annex II lays down the procedure for re-registration.
SAGPyA Resolution No. 350/99 amends the Manu al of Procedures contained in Annex I of
SAGPyA Resolution No. 440/98 and adapts the categories of products eligible for registration to the
approved international standard.  Annex II remains in force.
The above amendment was made following the approval of the fifth and definitive edition of
the Manual on the Development and Use of FAO Specifications for Plant Protection Products, issued
by the Food and Agriculture Organization in January 1999.  The FAO Manual lays down clearIP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 9
guidelines and rules for determining the "equivalence of materials" in respect of both active
ingredients and products.
The SAGPyA Resolution thus provides a definitive adaptation to the international standards
in this sphere.
The regulation in question establishes the aforementioned procedures, criteria and scope for
the purpose of approval for the sale and use of phytosanitary products, subject to an evaluation of
scientific data sufficient to demonstrate that a product is effective for the purpose for which it is
designed and that it does not present undue risks for health and for the environment.
Registration of a phytosanitary product pursuant to the above Resolution confers permission
to market the product (in accordance with the prov isions of Decree No. 3.489 /58), without prejudice
to the other requirements under domestic legislation.
The National Agricultural and Food Health and Quality Service (SENASA) uses the
information provided by businesses for the registration of phytosanitary products in compliance with
the provisions of Law No. 24.766 and supplementary rules.
The implementing authority is the National Agricultural and Food Health and Quality
Service.
As regards the registration, manufacture, prescription, dispensing, marketing, import and
export of drugs, and in order to safeguard public health, Decree No. 150/92 (partly amended by
Decree No. 177/93) lays down the requirements fo r obtaining registration.  It thus establishes:
• The procedures for registration of drugs by the Ministry of Health and Social Welfare
in order to secure sanitary approval and marketing authorization;
• the operating conditions for companies involved in drug production and packing for
retail sale;
• the responsibilities of importers of drugs.
The implementing authority is the National Drug, Food and Medical Technology
Administration (ANMAT).
I. PROTECTION OF THE RIGHTS OF BREEDERS OF NEW PLANT VARIETIES
Law No. 24.376 on the Protection New Varieties of Plants, published in the Boletín Oficial  of
25 October 1994, enacts the International Convention for the Protection of New Varieties of Plants,
adopted in Paris on 2 December 1961 and revised in Geneva in 1972 and 1978.  By incorporating theUPOV Convention in its legislation, Argentina complies with the provisions of Article 27.3(b)
relating to sui generis  systems of protection of plant varieties.
Law No. 20.247 on Seeds and Phytogenetic Developments, published in the Boletín Oficial  of
16 April 1973, was passed in order, inter alia , to guarantee seed identity and quality standards for
agricultural producers.  It stipulates that the SAGPyA shall be responsible for promoting the means to
ensure effective seed creation, multiplication and marketing.  The Law further establishes the powers
of the implementing authority and those of the police force;  regulates infringements of the Law and
other applicable legislation, requirements and rules, tolerance (general and per class) and seedIP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 10
categories and species;  and provides for the creation of the National Seed Trade and Control
Registry.
Regulatory Decree No. 2.183/91, published in the Boletín Oficial  of 1 November 1991,
incorporates in the Law on Seeds all the experience gained since the entry into force of the Law and
adapts its provisions to national and international technological advances in this sphere.  It repeals
Decree No. 50/1989.  Article 32 of Decree No. 2.183/91 stipulates that the SAGPyA shall issue rules
of procedure for the registration of plant varieties.
Pursuant to the above Article, on 24 July 1991 the SAGPyA issued Resolution No. 631/92
establishing the rules of procedure for the registration of plant varieties in the National CultivarProperty Registry.
The implementing authorities are the Secretariat for Agriculture, Livestock, Fisheries and
Food (SAGPyA) and the National Seeds Institute (INASE).
Argentina has responded in writing to all the questions posed within the context of this
review.  We should like to point out that the national authorities concerned were faced with an
arduous task, as we received a whole number of questions a little over a week ago, that is, exactly ten
days beyond the scheduled deadline.  We nevertheless finished replying to all the questions yesterday,
after dispatching the replies to the 62 questions posed to us by the delegation of the EuropeanCommunities.
I shall not refer to the specific content of thos e replies so as not prolong my intervention.  I
understand that these are at the disposal of all Members, and in particular the delegations that posed
the questions.
The Argentine delegation stands ready to reply to any further questions that might arise in the
course of this review and reiterates its willingness and commitment to conduct and complete this
exercise successfully.
Lastly, as regards the Checklist of Issues on Enforcement, I would remind you that
Argentina – as it already indicated in previous m eetings of this Council – most willingly agreed to
such a review, as an exercise in transparency, but that it will not accept parallel reviews of its
legislation, that is, within the framework of this Council and under the Dispute Settlement
Understanding (DSU).  This is why Argentina will present the notification on the issues on
enforcement once proceedings under the DSU have been completed.
Objectively, we regard the Argentine Republic as having one of the most comprehensive,
clear, secure and effective intellectual property regimes.  This gives us cause for satisfaction, because
we view such legislation as an instrument for development and ultimately a source of well-being.
_______________
The representative of the European Comm unities thanked Argentina for its exhaustive
account of the considerable efforts made by the country to ensure implementation of the TRIPS
Agreement under its domestic legal order.  His delegation was aware that Argentina had demonstrateddeep commitment in regard to th e TRIPS Agreement not only by incorporating in its legislation the
requisite provisions in conformity with the Agreemen t, but also by ensuring their effective application
in order to equip the country with the necessary implementing mechanism.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 11
The representative of the United States concurred with the European Communities, agreeing
that Argentina had made substantial efforts in matters relating to the implementation of the TRIPS
Agreement.
The representative of Switzerland recalled that Argentina had mentioned that the dispatch of
its replies to most of the questions posed by Switzerland remained pending until the conclusion of the
consultation procedure between the United States and Argentina.  His delegation hoped to receive
replies to its questions as soon as this procedure had been completed.
The representative of Argentina thanked the various Members for their comments.  He
reiterated his readiness to answer further questions that might arise on the various topics at hand and
confirmed that the replies regarding issues on enforcement would be notified immediately upon the
conclusion of any proceeding brought before the Dispute Settlement Body.
_______________
II. REPLIES TO THE QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
The first question refers to issues dealt with at the following consultations with the
United States within the framework of the DSU:  "Argentina - Patent Protection for Pharmaceuticals
and Test Data Protection for Agricultural Ch emicals" (WT/DS171) and "Argentina - Certain
Measures on the Protection of Patents and Test Data" (WT/DS196).
In order to protect its rights at the said consultations, Argentina will not be answering the first
question posed by Canada within the framework of the review of national implementing legislation by
the Council for TRIPS.
Argentina wishes to take this opportunity to point out to Canada that, although it confirms its
willingness to fulfil its obligations with regard to the review of national implementing legislation by
the Council for TRIPS, it is in its interest to ensure that the review process does not prejudice or affecteither the course or outcome of the consultations being held under the DSU.
2. What protection does your copyright legislation afford to "foreign works"?
Argentine legislation affords foreign works the same degree of protection as domestic works.
With regard to administrative formalities, foreign works are actually in a better position than domestic
works since they are exempt from all formalities.
III. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. G
ENERAL
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of theTRIPS Agreement.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 12
Argentina's legislation does indeed include measures to protect public health and nutrition and
to promote the public interest in sectors of importance to the country's socio-economic and
technological development.  These principles are enshrined mainly in the National Constitution,
which establishes the primacy of international treaties over domestic law.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement, which requires Members to comply with Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971).
Copyright Law No. 11.723 remains in force, as amended by Law No. 25.036, which includes
software and databases among the works protected under Article 1 ( Boletín Oficial  of
11 November 1998).  Law No. 25.140 ( Boletín Oficial  of 24 September 1999) ratified the Berne
Convention (Paris Act of 1971), although it should be  pointed out that prior to acceding to the treaty
Argentina was already applying the substantive prov isions of the Convention's Brussels Act of 1948.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Law No. 25.036 amending Law No. 11.723 incorporates, in the list of protected works in
Article 1 of the latter, computer programs in the form of either source or object codes and
compilations of data or other material, thus protecting them on the same terms as literary works.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Pursuant to Article 2 of Law No. 11.723, copyright in a work listed in Article 1 of the Law
includes the right to dispose of the work, which in turn includes rental rights in respect of computer
programs and cinematographic works.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Law No. 11.723 covers phonograms on the same terms as other protected works.
The protection of performers is provided under Article 56 of the Law, its Implementing
Decree No. 41.233/24, Decree No. 746/73 and Decree No. 1.670/74, which grant performers
exclusive rights in respect of the fixation of their performances and a right of remuneration for publicuse of their recorded performances.
Law No. 23.921 ratified the 1961 Rome Convention for the Protection of Performers,
Producers of Phonograms and Br oadcasting Organizations.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Limitations on exclusive copyright are set forth in Articles 10 and 36 of Law No. 11.723,
which provide for the right to quote, solely for educational or scientific purposes, commentaries,
reviews or notes relating to intellectual works;  the right to perform works already published, at publicIP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 13
functions organized free of charge by teaching establishments for educational purposes;  and the
performance, free of charge, of musical works by orchestras, bands, fanfares and choirs belonging to
national, provincial or municipal institutions.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
The term of protection for literary and artistic works, including software, databases and
phonograms, is 70 years from the date of the author's death.  Argentine legislation and case law deem
the same term of protection to be applicable, by analogy, to performers.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Since Argentina has acceded to the Berne Convention (Paris Act of 1971), the protection of
foreign works is governed by Article 18 of the Convention.  Hence, a foreign work is protected for as
long as the term of protection in its country of origin has not expired.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
The following are recognized as signs under Article 1 of Law No. 22.362:  one or more
words, with or without meaning;  drawings;  emblems;  monograms;  engravings;  stampings;  seals;
images;  bands;  combinations of colours applied to a particular place on the goods or their packaging;
wrappers;  containers;  combinations of letters and numbers;  letters and numbers insofar as theyconcern the special design thereof;  advertising phrases;  reliefs having distinctive capacity;  and all
other signs having such capacity.  The list in Article 1 is not exhaustive and provides examples of
signs that may be registered as trademarks to distinguish goods or services.  Argentine case law has
extended this merely indicative list of signs eligible for registration as trademarks (and therefore
entitled to protection) to all signs that have distinctive capacity and that are not liable to misleadconsumers.
Owners of registered trademarks enjoy an exclusive right of use entitling them to prohibit
third parties from using the signs in question or any other sign liable to cause confusion.
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Articles 1, 27, 28, 29 and 30 of the Trademark Law protect both goods and services, and any
sign with distinctive capacity, including trade descriptions.
To be eligible for registration under the Trademark Law, a sign does not have to be visually
perceptible, which means that sound and olfactory marks may be registered inasmuch as they have
distinctive capacity.
Article 1 of the Law expressly specifies that containers shall be eligible for registration.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 14
11. Please explain what the requirements of use a re, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
Although use is not a condition for trademark registration, it is required for renewing the
validity of the trademark, as specified in Article 5 of Trademark Law No. 22.362.  Indeed, a
trademark "may be renewed indefinitely for like periods provided that it was used, within five years
preceding each expiry date … ".  Use does not have to be continuous for registration to be maintained.
Article 5 further states that use may be established through the marketing of a product, the
performance of a service, or utilization of the trademark as part of the designation of an activity.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Trademarks are valid for ten years and may be renewed indefinitely for like periods.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
Article 5 of Law No. 22.362 applies in the event of registration renewal.  There are no special
requirements other than the filing of a sworn declaration of use.  See the reply to question 11 above.
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
The Trademarks Office is empowered to refuse registration of a trademark containing an
appellation of origin, pursuant to the provisions of Article 3(c) of Trademark Law No. 22.362, which
prohibits the registration of both domestic and foreign appellations of origin.  Moreover, any party
with a legitimate interest who considers that rights in an appellation of origin have been infringed may
request the invalidation of the registered trademark, pursuant to Article 24(a) of the Trademark Law.
The following provisions also apply:
- Article 7 of Law No. 22.802 on Fair Trade;
- Article 1135 of the Argentine Food Code (Law No. 18.284);
- Article 1 of Law No. 25.156 on Competition;
- Article 4 of Law No. 24.240 on Consumer Protection.
Follow-up question :
Please explain whether or not the notion of "denominación de origen" of Article 3 of the
Trademark Law No. 22.362 encompasses those of "Indicaciones de Procedencia", "Indicación
Geográfica" and "Denominación de Origen Cont rolada" of Law No. 25.163.  Please explain how
none of the latter three notions can be used to be pa rt of a registered trademark, totally or in part.
Article 22.1 of the TRIPS Agreement provides th at "geographical indicat ions are … indications
which identify a good as originating in the territory of a Member, or a region or locality in that territory,IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 15
where a given quality, reputation or other characteristic  of the good is essentially attributable to its
geographical origin".
Article 3(c) of Law No. 22.362 prohibits the regi stration of national and foreign appellations of
origin as trademarks and indicates, in language  similar to the protection required by the TRIPS
Agreement, that "an appellation of origin is unders tood to mean the name of a specific country, region,
place or geographical area that serves to designat e a product originating therefrom, the qualities and
characteristics of which are due exclusively to the geographical environment".  The Article 3(c)
definition covers "geographical indications" and "appella tions of origin", as defined in Articles 4 and 13,
respectively, of Law No. 25.163.
15. Please give the definition of a geographical indication in your legislation.
The term geographical indication means a name identifying a good as originating from a
specific region, locality or area of production in the national territory that is no larger than a
recognized province or interprovincial zone.  A geographical indication is justified solely where a
given quality and the characteristics of the good in question are essentially attributable to itsgeographical origin.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
Law No. 25.163 on Wines and Spirits sets out, in its Article 7 for example, the procedure for
recognition of geographical indications.
Follow-up question :
Please explain how the provisions of Articl e 7 ensure that the terminology used as a
geographical indication relates to  the geographical area where the goods originate.  Alternatively,
explain whether or not a name unrelated to the way a geographical area is commonly known can
be used as part of th e geographical indication.
Article 7, on which the follow-up question from the European Communities is based, refers to
"geographical indications" as defined in Article 4 of Chapter III of Law No. 25.163.  The Article in
question states that a geographical indication is the name which identifies a product as originating in a
defined region, locality or area of production in the national territory, which is no larger than a
recognized province or interprovincial zone.
The five paragraphs of Article 7 describe the elements that must be included in the reports,
explanatory material and/or studies designed to obtain recognition of a "geographical indication".
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Law No. 25.163 relating to the geographical denomination of wines and spirits establishes a
register of geographical indications for wines and spirits, which grants parties that fulfil the criteria
under the Law an exclusive right to use indications of source, geographical indications and registered
appellations of origin.  It also lays down a system  of prohibitions, infringements, penalties and fines.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 16
Follow-up question :
Please provide the definitions pertaining to the notions of IP, IG and DOC.  Please explain
the different fact patterns to which they apply.  Please explain their differences, with particular
regard to the difference between IP compared to those of IG and DOC .
Law No. 25.163, Article 3:  Indication of source"The use of an indication of source is reserved exclusively for table wines or regional wines.
The procedure for determining the geographical area of an indication of source, the conditions
of use and the control of that sector of the regime are the exclusive responsibility of theimplementing authority for this Law."
Law No. 25.163, Article 4:  Geographical indication"For the purposes of this Law, geographical indication (IG) is understood to mean:  the name
identifying a product as originating from a specific region, locality or area of production in
the national territory that is no larger than a recognized province or interprovincial zone.  A
geographical indication is justified solely where a given quality and the characteristics of the
product in question are essentially attributable to its geographical origin.
In the above definition, 'product originating … ' is understood to mean a product processed
and bottled in the specific geographical area, using grapes from  Vitis vinífera L  vines, where
they have been entirely produced, harvested and bottled in the same area.
In cases where the processing and/or bottling of the product is carried out in a geographical
area different from that where the grapes are produced, the origin of the product shall be
determined by reference to the name corresponding to the area of production of the grapes in
conjunction with the name of the geographical area encompassing the production of the
grapes and the processing and/or bottling of the product.
In the case of bulk exports, the products concerned shall retain their designated classification.
'Geographical area':  the area defined by overall boundaries based on administrative or
historical boundaries.
'Area of production':  the area comprising a plot  of land or a set of plots, situated within a
geographical area, which owing to the nature of their soil and their environmental situationare deemed suitable for the production of high-quality wines."
Law No. 25.163, Article 13:  Registered appellations of origin"For the purposes of this Law, a registered appellation of origin (DOC) is understood to mean
the name which identifies a product originating from a specific region, locality or area of
production in the national territory, the specific qualities or characteristics of which are
exclusively or essentially due to the geographical environment, including natural factors and
human factors.
The following meanings are applicable to terms contained in the above definition:IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 17
'Product originating … ':  the product obtained from grapes taken from vines of the Vitis
vinífera L  species, wholly produced in the specific area, processed and bottled in the same
area, and explicitly certified as meeting thes e requirements by the implementing authority.
'Area of production':  the area comprising of a plot of land or a set of plots situated within a
geographical area, which owing to the nature of their soil and their environmental situation
are deemed suitable for the production of high-quality wines.
'Geographical area':  the area defined by overall boundaries based on administrative or
historical boundaries."
Indications of source (IP) are merely indications identifying the origin of the product, since no
requirements are laid down in respect of "quality, reputation or other characteristics" essentially
attributable to its geographical origin.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The methodology for using the exceptions under the Agreement is set forth in various
provisions of domestic law, such as Article 32 of Law No. 25.163.  However, the assessment of
whether a name is to be considered as generic must be conducted on a case-by-case basis, at a given
moment in time and for a specific region.
Follow-up question :
Article 24.6 of the TRIPS Agreement states that generic names shall be appraised in
relation to the "common language (…) for such goods or services in the territory of that
Member".  The plain meaning of Article 32.2 of Law No. 25.163 seems to indicate that the
"generic" character needs to be assessed vis-à-vis  the "country of origin ".  Yet, the answer to
question 18 refers to an evaluation of such "gen eric" character to be made with respect to a
"limited territory".  Please clarify whether the "country of origin" of Article 32.2 of Law
No. 25.163 refers to the country where the goods originate, the country where the GI was first
protected or simply Argentina.  Please clarify whether the "limited territory" to which you
referred in your answer to question 18 implies that  the "generic character" can be recognized in
only part of Argentina and yet apply to (i) all, or (ii) part, of the country.
Article 32(a) of Law No. 25.163 is the implementing provision for the exception under
Article 24.6 of the TRIPS Agreement.  The Article provides that generic names shall not be
registerable as indications of source, geographical indications or registered appellations of originwhen they constitute the common name of a good identified with that name by the general public in
Argentina.
19. Please provide examples of geographical indications for wine under the applicable
legislation and how they comply with the definition of Article 22.1 of the TRIPS Agreement.
As the implementing legislation has not yet been passed, no geographical indication has been
registered to date, but Law No. 25.163 lays down the requirements for complying with Article 22.1.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 18
20. Please explain which legal criteria determine whether the use of a certain geographical
indication for wine, which, although literally true  as to the territory, region or locality in which
the wine is made, falsely represents to the public that the goods originate in another territory
(Article 22.4 of the TRIPS Agreement).
The applicable legal criterion stems from Article 3(d) of the Trademark Law, which prohibits
the registration of trademarks that are liable to mislead the public as to the nature, properties, merit,
quality, manufacturing methods, purpose, origin, price or other characteristics of the goods or services
that they are intended to distinguish.
Other applicable provisions include:
- Chapter V (Scope and Obligations) of Law No. 25.163 on Wines and Spirits, relating to
the protection of indications of source, geographical indications and registered
appellations of origin;
- Article 1135 of the Argentine Food Code, which prohibits appellations of origin using
names other than the true places of production of distilled spirits or liqueurs;
- Article 4 on information to consumers and Article 7, inter alia , of Law No. 24.240 on
Consumer Protection;
- Article 5, inter alia , of Law No. 22.802 on Fair Trade;
- Article 10 bis of the Paris Convention (Law No. 17.011) and Article 1, inter alia , of
Law No. 25.156 on Competition.
Follow-up question :
Please explain whether Argentinean law permits the use of a certain geographical
indication for wine which, although literally tr ue as to the territory, region or locality within
Argentina in which the wine is made, falsely repres ents to the public that the wine originates in
another territory of identical name of another WTO Member in which the GI gained its
original, prior reputation.
This question has already been answered under question 20 in the first set of questions from
June 2001.
There appears to be an element of confusion in the follow-up question, since on the one hand
it includes points to which the TRIPS Agreement makes no reference, while curiously, on the other
hand, no mention is made of Article 23.3 of the TRIPS Agreement, the Article which lays down
specific requirements for the protection of homonymous geographical indications for wines, which are
explicitly recognized by the Agreement.
21. Please explain how your legislation implements the obligation of Article 24.3 of the
TRIPS Agreement not to diminish the level of prot ection of geographical indications that existed
in a Member immediately prior to the entry in to force of the WTO Agreement, where a new
Argentinian geographical indication conflicts with an existing, well-known geographical
indication for wines of another WTO Member.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 19
Prior to the entry into force of the TRIPS Agreement, the protection of geographical
indications was governed by the Laws on Fair Trade (No. 22.802), Trademarks  (No. 22.362),
Consumer Protection (No. 24.240) a nd Unfair Competition (No. 22.262).
The situation referred to in the above question has not arisen so far.  In view of the recent
enactment of Law No. 25.163 on Wines and Spirits, no Argentine geographical indication has been
registered to date.
E. I NDUSTRIAL DESIGNS
22. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
The legislation on industrial designs focuses exclusively on ornamental aspects and therefore
does not extend protection to designs dictated by technical or functional considerations, which are
expressly excluded (but are eligible for protection as utility models under Articles 53 to 58 of Law
No. 24.481).  Argentina has no specific legislation for the protection of textile designs.  These are
eligible for protection under the legislation go verning industrial designs (Decree Law No. 6.673/63
ratified by Law No. 16.478).
23. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
The legislation governing industrial designs provides for both civil and criminal action to
protect the owner of an industrial design against the importation of articles presenting characteristicsthat are covered by the registration of a design or its copies (Articles 19 to 27 of Decree Law
No. 6.673/63).
24. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Argentine legislation does not provide for such a mechanism.
25. Please indicate for what period of time your legislation grants protection for industrial
designs.
The term of protection granted to the owner of an industrial design under Decree Law
No. 6.673/63 (ratified by Law No. 16.478) is five years counted from the date of the deposit and may
be extended for two consecutive like periods, at the owner's request.
F. P
ATENTS
26. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
Argentina will not be answering the questions unde r this heading, as their content directly or
indirectly refers to the dispute settlement procedur e initiated by the United States against Argentina
on patents and confidential information, in which the European Communities are participating as a
third party.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 20
27. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
See Argentina's communication in response to question 26.
28. Please explain whether your legislation prov ides 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.
See Argentina's communication in response to question 26.
29. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
See Argentina's communication in response to question 26.
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 Argentina's communication in response to question 26.
31. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
See Argentina's communication in response to question 26.
32. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
See Argentina's communication in response to question 26.
33. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
See Argentina's communication in response to question 26.
34. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
See Argentina's communication in response to question 26.
35. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 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 the additional conditions
in detail.
See Argentina's communication in response to question 26.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 21
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.
See Argentina's communication in response to question 26.
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 le gislation considers individual merits in the
authorization of such use.
See Argentina's communication in response to question 26.
38. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t 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 a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
See Argentina's communication in response to question 26.
39. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
See Argentina's communication in response to question 26.
40. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
See Argentina's communication in response to question 26.
41. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
See Argentina's communication in response to question 26.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
42. Please describe how your legislation protects topographies.
Integrated circuits are not protected by specific legislation but are covered by the various
intellectual property laws, depending on the context in which they are used.  In other words, where
integrated circuits are regarded as intellectual creations (i.e. literary, artistic or scientific works) and
meet the requirement of originality, they are covered by Copyright Law No 11.723;  where they
constitute inventions that are new, involve an inventive step and are capable of industrial application,
or where they involve a new configuration or arrangement that brings a functional improvement, theyare protected by Law No. 24.481 on Patents and Utility Models;  where, on the other hand, they
involve a configuration or aspect incorporated in, or applied to, an industrial product that gives them
ornamental value, they are protected by Decree Law No. 6.673/63;  and so on.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 22
43. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Depending on the law under which protection is afforded, the applicable provisions are those
specifying that a right holder may bring an action against any party that imports, sells or otherwise
distributes for commercial purposes a protected la yout-design or a product incorporating a protected
layout design.  All Argentine intellectual property laws in fact provide for remedies that may be
invoked by right holders in the event of infringement of their rights.
44. Please explain how your legislation provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
There is no specific legislation, but the applicable principles are those of good faith and abuse
of rights as enshrined in the Civil Code.
45. Please state the term of protection granted by your legislation to topographies.
The term of protection depends on the law that applies to the protection of the layout-design
in question.  In other words, where the layout-design is protected by a patent, the term is 20 years
counted from the date of filing of the application;  where it is protected as a utility model, the term is10 years from the date of filing of the application;  where it enjoys copyright protection, the term is
70 years from the date of the author's death;  and so on.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
46. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
Argentina will not be answering the questions unde r this heading, as their content directly or
indirectly refers to the dispute settlement procedur e initiated by the United States against Argentina
on patents and confidential information, in which the European Communities are participating as a
third party.
47. Please explain how your legislation defines undisclosed information.
See Argentina's communication in response to question 46.
48. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
See Argentina's communication in response to question 46.
I. E NFORCEMENT
49. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 23
Argentina will not be answering the questions unde r this heading, as their content directly or
indirectly refers to the dispute settlement procedur e initiated by the United States against Argentina
on patents and confidential information, in which the European Communities are participating as a
third party.
50. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
See Argentina's communication in response to question 49.
51. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensurethe protection of confidential information.
See Argentina's communication in response to question 49.
52. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
See Argentina's communication in response to question 49.
53. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
See Argentina's communication in response to question 49.
54. Please quote what provisions of your legislat ion authorize judges to order the payment
of the right holder's expenses by the infringer.
See Argentina's communication in response to question 49.
55. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
See Argentina's communication in response to question 49.
56. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
See Argentina's communication in response to question 49.
57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
See Argentina's communication in response to question 49.
58. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
See Argentina's communication in response to question 49.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 24
59. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
See Argentina's communication in response to question 49.
60. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
See Argentina's communication in response to question 49.
61. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
See Argentina's communication in response to question 49.
62. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
See Argentina's communication in response to question 49.
IV. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most-
favoured-nation treatment are provided  to nationals of other WTO Members.
Argentina implements the principles of national treatment and most-favoured-nation
treatment through Law No. 24.425, ratifying the Uruguay Round Agreements, including the TRIPS
Agreement, and Law No. 17.011 of 10 November 1966, which incorporates the Paris Convention
(Lisbon Act of 1958).
These principles cover all forms of intellectual property, patents and utility models, industrial
designs, trademarks, appellations of origin and indications of source, ranging from the acquisition of
rights, on equal grounds, to the maintenance and defence of such rights through administrative and
judicial procedures laid down in the relevant special laws and in the general legislation governingcivil, commercial and/or criminal procedure.
As regards copyright and related rights, the protection afforded by domestic legislation
likewise makes no distinction between national and foreign creations, thus guaranteeing national
treatment to all right holders.  The specific ru les on the subject do not provide for most-favoured-
nation treatment, since there is no difference in terms of the protection granted.
In the case of plant varieties, the applicable legislation in this sphere is the 1978 Act of the
Convention of the International Union for the Protection of New Varieties of Plants (UPOV), which
was ratified by Law No. 24.376, and the provisions of Law No. 20.247 on Seeds and Phytogenetic
Developments, which lays down the national treatment principle in its Article 3.
The intellectual property laws make no distinction between nationals and foreigners, or
between foreigners from different countries, apart from the exceptions allowed under the TRIPS
Agreement.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 25
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Argentina protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
Law No. 25.036 amending Law No. 11.723 incorporates, in the list of protected works in
Article 1 of the latter, computer programs in the form of either source or object codes and
compilations of data or other material, thus protecting them on the same terms as literary works.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Argentina.
Pursuant to Article 2 of Law No. 11.723, copyright in a work listed in Article 1 of the Law
includes the right to dispose of the work, which in turn includes rental rights in respect of computer
programs and cinematographic works.
4. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Argentina implements these obligations and indicate the termof protection.
As works protected under Article 1 of Law No. 11.723, phonograms are fully covered by the
provisions of Article 2 of the Law.  Hence, producers are entitled to authorize or prohibit the direct or
indirect reproduction of their works and to authorize or prohibit the rental of carrier media forcommercial purposes.  The term of protection is 50 (fifty) years, counted from the date of publication
of the works.
C. 
TRADEMARKS
5. Please describe the manner in which well-known trademarks are protected in Argentina
against unauthorized use and against so-called cybersquatting, i.e., incorporation of the
trademark of another into a domain name with out the authorization of the trademark owner.
Please cite to the relevant provisions of law and to any related court decisions.
The incorporation into a domain name of a registered trademark belonging to another party
may be challenged by the affected trademar k owner under Trademark Law No. 22.362 (published in
the Boletín Oficial  of 2 January 1981), inasmuch as it allows the owner to register an exclusive right
entitling him to prevent others from using this sign or any other sign liable to cause confusion.
The situations covered by so-called "cybersquatting" have to do with wilful appropriation of
someone else's trademark, entailing the applicati on by analogy of Article 24(b) of the Trademark
Law.  This provision establishes that a trademark shall be null and void where it was registered bysomeone who knew or should have known that  the trademark belonged to a third party.
The protection of well-known trademarks is also regulated by Article 6 bis of the Paris
Convention, Article 16 of the TRIPS Agreement, Articles 953, 1109 and 1071 of the Civil Code and
the relevant provisions of the Criminal Code.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 26
Argentine case law in this respect may be su mmarized by the criteria set forth in the
following court decisions:
- Heladerías Freddo S.A. vs. Spot Network regarding misappropriation of the name
FREDDO on the Internet  (Case No. 5354/97, National Federal Civil and Commercial
Court No. 7, of 26 November 1997);
- Pugliese Francisco Nicolás vs. Pérez Carlos Enrique regarding precautionary
measures.
6. Please confirm that a pre-existing trademark is protected against usurpation by
geographical indications.  Please cite any relevant laws, regulations or judicial decisions.
Article 3(c) of Trademark Law No. 22.362 prohibits the registration of both domestic and
foreign appellations of origin.
The following provisions also apply:
- Article 7 of Law No. 22.802 on Fair Trade stipulates that a domestic or foreign
appellation of origin may not be used to identify fruit or any other goods not
originating in the indicated area, except where the appellation has been registered as atrademark prior to the entry into force of the Law.
- Article 1135 of the Argentine Food Code (Law No. 18.284) stipulates that
geographical names designating or characterizing distilled spirits or liqueurs may not
be used for goods originating in places other than the regions indicated by the names.
A case in point was the judgment of 15 February 2000 handed down by the Court II of the
Federal Civil and Commercial Chamber in the case The Scotch Whisky Association et al.  vs. García
José.
D. 
GEOGRAPHICAL INDICATIONS
7. Please describe in detail how the laws of Argentina provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of Argentine geographical
indications so recognized and protected.
Argentina has enacted the following legal prot ection instruments to implement Article 22.2 of
the TRIPS Agreement:
- Trademark Law No. 22.362, published in the Boletín Oficial  of 2 January 1981.  The
provisions of Article 3(c) and (d) stipulate that neither domestic nor foreign
appellations of origin nor appellations that might cause confusion as to the origin ofthe goods may be registered as trademarks.
- Law No. 25.163 on Wines and Spirits, relating to the protection of indications of
source, geographical indications and registered appellations of origin, Chapter V,
Scope and Obligations.
- Article 1135 of the Argentine Food Code prohibits appellations of origin using names
other than the true places of production of distilled spirits or liqueurs.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 27
- Article 4 of Consumer Protection Law No. 24.240 on information provided to
consumers.
- Article 5 of Law No. 22.802 on Fair Trade.
- Article 4 of Law No. 24.420 on Consumer Protection.The other applicable provisions are Article 10 bis of the Paris Convention (Law No. 17.011)
and those of Law No. 25.156 on Competition.
8. Please describe in detail the manner in which the additional protection required for
wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of Argentine geographical
indications for such products so protected.
The additional protection for wines and spirits under Article 23.1 of the TRIPS Agreement
was established in Argentina through the enactment of Law No. 25.163 of 15 October 1999, laying
down general rules concerning the designation and presentation of wines and spirits obtained from
wine of Argentine origin.
E. 
INDUSTRIAL DESIGNS
9. Please describe the procedure that must be followed to obtain protection for textile
designs in Argentina and cite to the relevant provisions of law or regulation.
There is no specific legislation for the protection of textile designs.  However, these are
covered by the legislation governing industrial designs (Decree Law No. 6.673/63, Decree
No. 5682/65 and Resolution No. 21/74 of the National Directorate of Industrial Property).
F. PATENTS
10. What term of protection does the patent law of Argentina provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
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.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
11. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Argentina, including the term of protection, and cite to the relevant provisions
of law.
Integrated circuits are not protected by specific legislation but are covered by the various
intellectual property laws, depending on the context in which they are used.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 28
H. PROTECTION OF UNDISCLOSED INFORMATION
12. Please describe in detail how the laws of Argentina provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
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.
I. ENFORCEMENT
13. Please describe in detail the manner in which the laws of Argentina provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
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 theyrelate to such issues – may have a direct impact on the consultations.
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 opposi ng 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 theyrelate to such issues – may have a direct impact on the consultations.
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.  Pl ease describe any procedures that are in place
to ensure that there is no unauthorized use of in tellectual 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 ofcopyright in this sphere is on the way to being settled.
A number of provinces such as Santa Fe, Cor doba 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.
J. 
SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
15. Please describe in detail the manner in which Argentina provides for border
enforcement at least for trademark counterfe iting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 29
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 confirmingthat 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.
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.
17. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se 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 proceedingsand must initiate them ex officio, pursuant to Article 5 of the Argentine Code of Criminal Procedure.
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 infr inging 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).
K. CRIMINAL PROCEDURES
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;IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 30
(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.
19. Article 61 also requires that remedies in a ppropriate 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.
20. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Argentina that provide for such procedures and remedies, citing tothe relevant provisions of law or regulation.
See the reply to question 18 above.
L. 
STATISTICAL QUESTIONS
21. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 2000, including the number of ca ses 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.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 31
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 applicationswere 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.
22. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt 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 otherinformation 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.
V. REPLY TO THE QUESTION POSED BY JAPAN
A.
COPYRIGHT AND RELATED RIGHTS
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.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 32
VI. REPLIES TO QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
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.
B. PATENTS
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.
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 precludecompulsory licensing, if a product is being imported)?
Please see the communication from Argentina at the end of this document.
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.
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.
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 TRIP S 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.
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.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 33
C. PROTECTION OF UNDISCLOSED INFORMATION
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 againstdisclosure 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.
D. E
NFORCEMENT
9. Please indicate remedies provided by your legislation which constitute effective
deterrents to infringements of intellectual property rights.
Please see the communication from Argentina at the end of this document.
10. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminalenforcement.
Please see the communication from Argentina at the end of this document.
11. How does your law comply with the require ment 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.
Please see the communication from Argentina at the end of this document.
E. P
ROTECTION OF EXISTING SUBJECT -MATTER
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?
Communication from Argentina:
I have been instructed by the competent authorities to inform you that the questions posed by
Switzerland refer to issues dealt with at the following consultations with the United States in the
framework of the DSU:  "Argentina - Patent Protection for Pharmaceuticals and Test Data Protection
for Agricultural Chemicals" (WT/DS171) and "A rgentina - Certain Measures on the Protection of
Patents and Test Data" (WT/DS196).
It should also be mentioned that Switzerland is taking part in both consultations as a third
party.
In the light of the above and in order to protect its rights at the said consultations, Argentina
will not be answering the questions posed by Switzerland within the framework of the review ofnational implementing legislation by the Council for TRIPS.IP/Q/ARG/1, IP/Q2/ARG/1,
IP/Q3/ARG/1, IP/Q4/ARG/1
Page 34
Argentina wishes to take this opportunity to point out to Switzerland that, although it
confirms its willingness to fulfil its obligations with regard to the review of national implementing
legislation by the Council for TRIPS, it is in its in terest to ensure that the review process does not
prejudice or affect either the course or the outcome of the consultations being held under the DSU.
__________