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Legislative Implementation of Flexibilities - Argentina

Title:Sections 100 and 101 of the Law No. 24.481 of 23/05/1995 on Patents and Utility Models (as last amended by Law No. 24.572)
Field of IP:Patents
Type of flexibility:Transition periods
Summary table:PDF

Provisions of Law

100. Inventions relating to pharmaceutical products shall not be patentable until five years have elapsed following the publication of this Law in the Official Gazette. Until that date, none of the Articles contained in this Law that provide for the patentability of inventions of pharmaceutical products shall have effect, neither shall any other provisions that are inseparably related to such patentability.

101. Without prejudice to the provisions of the foregoing Article, patent applications may be filed for pharmaceutical products in the form and under the conditions laid down in this Law, provided that the patents shall be granted as from five years following publication of this Law in the Official Gazette.

The term of the patents mentioned above shall be that arising from the application of Article 35.

The owner of the patent shall have exclusive rights in his invention as from five years following the publication of this Law in the Official Gazette, except where the third party or parties making use of his invention without his authorization guarantee that the domestic market will be fully supplied at the same actual prices.

In such case the owner of the patent shall have the right only to collect fair and reasonable remuneration from the said third parties who are making the use from the time of the patent grant until the expiration thereof. If there is no agreement between the parties, the National Institute of Industrial Property shall set the remuneration in accordance with Article 46. The provisions of this paragraph shall apply unless the amendment thereof is required to implement decisions of the World Trade Organization adopted by virtue of the TRIPS Agreement, compliance with which decisions shall be mandatory for the Argentine Republic.

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