Argentine Pharma Labs Are Challenging A Government Decision Involving Benefits For Holders Of Foreign Patents

Author:Mr Pedro Mazer
Profession:Alfaro-Abogados
 
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Argentine labs are planning to initiate court actions against a resolution of the Instituto Nacional de la Propiedad Industrial ("INPI"), which is the agency in charge of trademarks and patents. They are planning to launch a media campaign to reinforce their argument.

Resolution No. 56/2016 of the INPI has set forth that studies and examinations performed by certain foreign agencies of patents of other countries may be taken into consideration at the time of granting or refusing an Argentine patent.

Sources from CILFA, the industry association grouping Argentine labs, insist that the new regulation violates principles contemplated within at least six Argentine laws, and that it will allow foreign labs to "import" foreign patents, overlooking Argentine health and sanitary controls for the sake of benefiting interests of foreign companies. The Argentine labs also fear that this new INPI Resolution may favor "ever greening", which is the practice of obtaining extensions of terms of patents in up to 20 years, solely by introducing minor modifications on the molecular structure.

That industry association is planning to file an injunction in Court called "Amparo" (action consisting in a remedy aimed at protecting constitutional rights) in the next few days. Coupled with that legal action they are planning to publish news through paid advertisements in the main newspapers, asserting substantially that "the INPI resolution favors foreign monopolistic companies, it will result in an increase in prices, and it will have an adverse effect on employment, investments and the development of Argentine industry". They are also planning to file actions against Mr. Dámaso Pardo, the head of INPI.

However, sources of the Ministry...

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