In December, 2003, the Argentine Congress passed a law amending the patent statute for better compliance with the TRIPs Agreement. The changes made were as follows:
Newsletters and Bulletins / March 2004 / Argentina |
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Argentina - Patent Law Amended In December, 2003, the Argentine Congress passed a law amending the patent statute for better compliance with the TRIPs Agreement. The changes made were as follows:
1. Specifically to provide that the use, sale, offer for sale or importation of the direct product of a process that is claimed in an Argentine patent is an infringement of that patent. 2. To provide a procedure for the granting of preliminary injunctions or orders for preservation of evidence in patent infringement suits in cases where a court-appointed expert concludes there is a reasonable probability that the patent is infringed, a reasonable likelihood that, if validity of the patent is challenged, that challenge will fail, delay would cause the patent owner irreparable damage, and that the damage suffered by the patentee if the injunction were not granted will exceed the damage suffered by the alleged infringer if a preliminary injunction were wrongly granted. The expert will be required to give his or her report within fifteen days. If a preliminary injunction is granted, the patent owner will be required to post a bond to protect the defendant against the possibility that the injunction was wrongly granted. In extraordinary cases, for example where there is a risk of destruction of evidence, injunctions or orders may be able to be ordered ex parte. 3. To provide for reversal of the burden of proof in infringement cases relating to process patents when the product of the patented process is new. |
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3/21/2004
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