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Argentina

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Decree No. 16.697 of December 15, 1959, on Affidavit of Published Works; National Register of Intellectual Property

 DECREE No. 16.697 National Registry of Intellectual Property

Translated from Spanish

Ministry of Education and Justice

NATIONAL REGISTRY OF INTELLECTUAL PROPERTY

Sworn statement of published works Courtesy translation provided by WIPO, © 2011

DECREE No. 16.697. -- Buenos Aires, December 15, 1959.

HAVING REGARD to Record No. 7.557/59, in which the National Registry of Intellectual Property draws attention to regulating Article 61 of Law No. 11.723, which establishes the obligation to deposit in the Registry all published works, and CONSIDERING: that the proposed regulations aim to monitor compliance with the above-mentioned legal provision, with the aim of preventing, in addition to the prejudice which authors might endure due to the suspension of their right (Article 63 of Law No. 11.723), the non-receipt of copies destined for the National Library and Congress in accordance with Article 64 of said Law; therefore,

The President of the Argentine Nation,

Decrees:

Article 1 –– For the purposes of monitoring Article 61 of Law No. 11.723 publishers should provide the National Registry of Intellectual Property with a sworn statement of published works, first publications or reprints.

In such a statement which shall be presented in duplicate from the first to the tenth day of every month, the titles of works published or reprinted during the month, the full names of the authors of such works, and of the translators, where relevant; printing works where the printing is carried out and the print or reprint runs which are declared.

Article 2 ––Publishers who have not published or reprinted works during the month, shall also state such circumstances.

Article 3 –– Omission of the monthly statement by publishers, without prejudice to the penalties established under Article 61 of Law No. 11.723, shall be sanctioned by fines of two hundred pesos in national currency (m$n. 200.––), on the first occurrence, and five hundred pesos in national currency (m$n. 500.––) for each successive omission, which shall be enforced by the Director General of the National Registry of Intellectual Property.

The fine shall be appealable before the Ministry of Education and Justice, within a period of five (5) days from the date of notification and the Ministerial decision shall not be subject to appeal.

Article 4 –– The Director General of the National Registry of Intellectual Property, on expiry of the period of appeal or on confirmation of the fine by Ministerial decision, shall transmit the proceedings to the National Fund for the Arts for effective recovery, in accordance with the provisions of Article 6 of Decree-Law No. 1.224 (February 3,1958).

Article 5 –– For publication, communication and submission to the General Directorate of the Official Gazette and Press and for recording.

FRONDIZI. -- Luis R. Mac Kay.