US Government Request for WTO consultations with Government of Argentina

PERMANENT MISSION OF THE UNITED STATES TO THE WORLD TRADE ORGANIZATION

MISSION PERMANENTE DES ÉTATS-UNIS D'AMÉRIQUE AUPRÈS DE L'ORGANISATION MONDIALE DU COMMERCE

1-3 AVENUE DE LA PAIX

1202 GENÉVE

MAY 30, 2000

H.E. Mr. Juan Carlos Sánchez Arnau
Ambassador
Permanent Mission of Argentina
Route de l'Aéroport 10
1216 Geneva

Dear Mr. Ambassador:

My authorities have instructed me to request consultations with the Government of Argentina pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS Agreement") (to the extent that it incorporates by reference Article XXII of the General Agreement on Tariffs and Trade 1994), concerning the following matters relating to Argentina's regimes governing patents in Law 24,481 (as amended by Law 24,572), Law 24,603, and Decree 260/96; and data protection in Law 24,766 and Regulation 440/98, and in other related measures. The United States believes that:

  • Argentina fails to protect against unfair commercial use of undisclosed test or other data, submitted as a requirement for market approval of pharmaceutical or agricultural chemical products;

  • Argentina improperly excludes certain subject matter, including micro-organisms, from patentability;

  • Argentina fails to provide prompt and effective provisional measures, such as preliminary injunctions, for purposes of preventing infringements of patent rights from occurring;

  • Argentina denies certain exclusive rights for patents, such as the protection of products produced by patented processes and the right of importation;

  • Argentina fails to provide certain safeguards for the granting of compulsory licenses, including timing and justification safeguards for compulsory licenses granted on the basis of inadequate working;

  • Argentina improperly limits the authority of its judiciary to shift the burden of proof in civil proceedings involving the infringements of process patent rights; and

  • Argentina places impermissible limitations on certain transitional patents so as to limit the exclusive rights conferred by these patents, and to deny the opportunity for patentees to amend pending applications in order to claim certain enhanced protection provided by the TRIPS Agreement.

    The United States considers that Argentina's legal regimes governing patents and data protection are therefore inconsistent with Argentina's obligations under the TRIPS Agreement, including Articles 27, 28, 31, 34, 39, 50, 62, 65, and 70 of the Agreement.

    This request for consultations supplements and does not replace the United States' earlier request for consultations made in WTO Document WT/DS171/1, notified May 6, 1999.

    We look forward to receiving your reply to this request and to fixing a mutually convenient date for these additional consultations.

    Sincerely,

    Rita D. Hayes
    Ambassador


    cc: Mr. Stuart Harbinson, Chairman, Dispute Settlement Body

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