Argentine Pharma Patents From 2001

Argentina has committed itself to paying royalties on foreign medicines used by Argentine drugmakers from the year 2001, under a decree issued by the government following the passage of legislation in parliament.

However, the new regime will apply only to products already being manufactured and traded, and new drugs introduced by foreign drugmakers will be subject to agreements between the foreign companies and the Argentine producers interested in manufacturing them under license.

A second piece of legislation drafted by the government concerns patents. This will include the provision that data provided to the authorities for the marketing approval of a new drug will remain confidential for six years. This reflects a compromise, after a two-year-long debate over patent protection, and is intended to prevent future abuses. The patent law will translate into Argentine legislation the broad agreements over patent protection reached in the Uruguay Round of the General Agreement on Tariffs and Trade.