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

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Argentina : Encyclopedia of Private International Law

INPI consistently denied requests for such 74 Transitional patents allowed those who had made investments for using a patented invention before January 1, to continue to use the patented invention if they offered reasonable compen- sation to the owner of the patent Kors argenhina Regarding plant and seed varieties the authors outline the position in Argentina: Receive exclusive offers and updates from Oxford Academic.

The decree repealed old Law No. National laboratories reacted by making the distribution chain more complex, which resulted in an increase in the price of medicines, while the weak position of individual consumers—then typically charged 50 percent of expenses—went New actors appeared in the commercialization chain: As restrictions are not necessarily directed at the sector that infringed the relevant rule, they generate internal pressures from the sector affected by the retaliation within the country being sanctioned.

Immediately, the United States renewed pressure on the Executive branch to veto the law. Furthermore, it was the Second Corrective Law No. The bill, which was to enter into force immediately, provided 244481 the recognition of exclusive patents rights on pharmaceutical products for a term of twenty years. One of the most important was the Master Agreement with PAMI, whereby the national and the multinational industry negotiated the terms and conditions for the supply of medicines to the largest institutional customer in the country.

This high expenditure rate is taking place in a country with health indicators that demonstrate a high degree of inequality in care. The fall of the Berlin Wall and the dismantling of the Soviet bloc had convinced Menem of the overwhelming triumph of capitalism. Sign in to annotate. Yet, the Plan Argentna was well received by the provinces and civil society organizations working on health matters.


Until recently, the APE dissolved in amidst serious allegations of corruption has operated a compensatory mechanism whereby national social funds and private health insurance companies received a reimbursement for the expenses incurred as a result of certain high-cost diseases or prolonged treatments.

The Strategy of Regime Shifting.

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Those requests were also denied by INPI. In both forums, the struggle to capitalize on the indeterminacies of the domestic laws key the TRIPS provisions was renewed. Ultimately, argnetina cyclicality of such reform processes endures until distributive lawmaking struggles reach a settlement, in which new regulations and agreements are produced.

These demands, they argued, would lead to the end of the development of a high-tech national industry, which in turn would send a negative signal regarding investment in science and technology Novaro The new policies were also opposed by other lwy including the Argentine Medicare Institute, Instituto Nacional de Servicios Socialespara 91 This cannot be completely explained by the federal design of the health system.

Antici- pating the enforcement of patents on medicines, national laboratories had turned from manufacturing medicines to their assembly, marketing, and distribution. The health system was one of the areas hit particularly hard by these changes, and healthcare services suffered a deep decay.

There, the multinational pharmaceutical industry played an important role. The governments also agreed that Argentinean licensees of a patent may use those licenses ely import products from abroad, if the patentee has authorized the foreign sale Isalud Cabanellas de las Cuevas, Guillermo.

This feature of industrial behavior developed because of the exclusion in the patent laws for pharmaceuticals. In particular, companies had used TRIPS article 50 and Argentine procedural rules to obtain ex parte precautionary injunctions that suspended the use of the patented inventions by local manufacturers whenever the breach of a patent was argued.

Rather, one must consider both to be circumstantial, linked to the person who happened to head the Ministry of Health at each juncture, and inspired by changes in Argentine foreign policy centered on vindicating the interests of the developing world. As part of the cycle of research, the manufacturers of original drugs generally covered by patents must produce pre-clinical studies and clinical trials showing bioavailability the concentration of the drug in the bodysafety, and therapeutic effect.


At the domestic level, the changes inaugurated the cycle that led to the creation of a new IP regime for Argentina. Law – Academic, Private International Law.

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On the other side of the dispute was a powerful alliance set up by the domestic pharmaceutical industry, supported by the Peronist Party, the Radical Party UCRand the minority parties in Congress. Neither the Ministry of Health, nor the unions in charge of social healthcare insurance, nor private health insurers which were eventually the ones in charge of covering part of the price of medicines took an active part in driving the dispute.

Although neither Law No. University of Chicago Press. Spectators of, and players in, the confrontation observed that at the time knowledge about IP was scarce, both locally and around the developing world. 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. Byit was clear that the country needed to secure global integration through alignment with the United States and Europe.

The prices of medicines in Argentina are still among the most expensive in the region Tobar Multinational corporations were thus demanding that INPI recognize exclusive rights to inventions simply because they were patented in foreign countries. Other contributory factors included the deceleration of the rate of drug innovation, the reduced number of new molecular entities introduced into the market, and the expiration of a great number leu patents.

Our chapter highlights how, throughout the decade of more confrontation over a new IP regime, the four mechanisms referred to by Halliday were ely by the local pharmaceutical industry and its government allies to their advantage. Developed countries have maintained the issue on the agenda of global institutions and continue to engage in forum shifting.