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

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Works by Susan Sell, and John Braithwaite and Peter Drahosamong others, have demonstrated how pro-IP actors as well as their challengers, including nongovernmental argengina NGOsthe domestic pharmaceutical sector, governments of the global South, technical professionals, argrntina international organizations such as the World Health Organization WHOhave engaged in forum shifting and subsequent reframing of the international IP agenda.

As in other realms, the national government shared jurisdiction with the provinces. In the late s, the United States began to bring argenttina against Argentina before the WTO, alleging the country had breached its duties to protect patent rights over pharma- ceuticals and chemical products. Congress then announced, by unanimity, its insistence on ten of the vetoed articles, rejecting only the domestic manufacturing requirement. May Congress insists on approval of 10 vetoed articles of the law.


Oxford University Press, Among other things, the comparative advantages on which the national pharma- ceutical sector was built include the production of similar drugs. The governments also agreed that Argentinean licensees of a patent may use those licenses to import products from abroad, if the patentee has authorized the foreign sale Isalud Congressional speakers announced their intention to examine the bill and to take all the time they needed to understand the technical issues, listen to interested parties and experts, and delib- erate on the advisability of adopting a regulatory framework of the sort proposed in the bill.

Please login through your library system or with your personal username and password on the homepage. James Cheek, who became the United States Ambassador to Argentina inbegan a series of media appearances, which continued throughout his entire term, where he insist- ently urged the reform of the IP regime Pagina 12 d.


Global Reframing and the Domestic Crisis, — Towards the end of the s, the transnational demand for a balance between IP rights and the right to health had gained strength. Inone year before the entry into force of the Patent Law, Argentina had the highest average price of medicines in Latin America Isalud Waka waka chorus — who is the author?

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Then, some laboratories, as has happened in this case, come up with a small innovation to say they have a new drug in order to achieve a new patent. Programa Naciones Unidas para el Desarrollo. In section I, we present a summary description of the recursivity of the struggle for the renovation of the IP legal regime, with its international, local, and interface stages. Furthermore, the dispute settlement mechanism of the World Trade Organization WTOwhich includes disputes under the TRIPS Agreement, offers an interface to forge the relationship between international norms and domestic law.

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Simul- taneously, the country joined several Latin American initiatives to review the impact of patent protection on public health and access to medicines.

After the frustration ignited by the data exclusivity law and the failure to obtain other reforms in the Argentine IP regime, the United States shifted the dispute to the WTO. Sign in via your 24481 Sign in.

This can be read as a victory for the local industry.

Elgaronline requires a subscription or purchase to access the full text of books or journals. As part of the cycle of research, the manufacturers of original drugs generally covered by patents must produce pre-clinical studies and clinical trials showing bioavailability the concentration srgentina the drug in the bodysafety, and therapeutic effect.

Bumbak, Sonia, and Leonardo Stanley. Sign In Forgot password? Finally, this pharmaceutical market functions against the backdrop of an overtly fragmented healthcare system: In one of these encounters, the Ministry of Health declared: Furthermore, new rules required insurers to cover medicines. As the Ministries of Health and Foreign Affairs began a series of public health-oriented efforts on behalf of the country, patent initiatives lost momentum within domestic circles.

Brazil v USA – a draw? However, the law also included: To purchase short term access, please sign in to your Oxford Academic account above.

Furthermore, the negotiations illustrated the maneuvering room that Menem had available to interact with an increasingly powerful Minister of Finance and with the opposing factions of the Peronist Party in Congress. At the same time, the new IP legislation acted as a catalyst for transformations in the pharmaceutical sector and in its business organization. In a way, the PNM laid bare the reluctance of even the most motivated or audacious actors to introduce reforms that could destabilize the structure and operation of the healthcare system.


As shown in Argentnia 2. Failing in this attempt, Cavallo convinced Menem to issue Decree No. There, the multinational pharmaceutical industry played an important role.

Plant varieties and seeds in Argentina – IPTango

TAGS Argentina plant varieties protection. International experiences such as those of Spain and Italy provided a warning about the potential consequences of reforming the IP regime in line with US demands interview with Aldo Neri. Cabanellas de las Cuevas, Guillermo. Our study is based on archival data, documents, and in-depth semi-structured interviews.

In section III, we describe the intricate process that was initiated in and culminated in the adoption of a new IP regulatory framework in the mids.

Moreover, until such expenditures accounted for almost 50 percent of out-of-pocket expenses Perticara Moreover, this alliance was repre- sented by CILFA, which produced data and analyses regarding the impact of patents on the price of medicines. Within such cycles, phases of enactment are followed by phases of rule implementation.

The debate and its results were followed by greater recognition of the administration and of the Health Minister and support of the national policy on medicines from many different sectors of society.

Although pharmaceutical companies continued to bring patent infringe- ment actions, the Ministry of Health decided to use the litigation to resolve open issues regarding TRIPS implementation Madies and to answer questions concerning institutional purchases of copies Levis Given the failure to reach an agreement on the subject, the parties agreed to continue consultations.

For argenitna examples of regional negotiations, see Chapters 7 and 4 on Ecuador and Central America in this volume.