RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/271/Add.1
14 June 2001
(01-2951)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
REVIEW OF LEGISLATION
Responses from Argentina to the Questions Posed by Canada and Switzerland
Addendum
By means of communications from the Permanent Mission of Argentina dated 6 June 2001,
the Secretariat has received the following response to one of the questions posed by Canada, and
information relating to the other questions posed by Canada and Switzerland as circulated in
documents IP/C/W/261 and 263 respectively.
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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 affect
either 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 domesticworks since they are exempt from all formalities.IP/C/W/271/Add.1
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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/C/W/271/Add.1
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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 against
disclosure and against unfair commercial use by a competitor, for example by prohibiting asecond 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 criminal
enforcement.
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 therelevant 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 follow ing 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 of
national implementing legislation by the Council for TRIPS.IP/C/W/271/Add.1
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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 outcome of the consultations being held under the DSU.
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