[Pharm-policy] US Government Request for WTO Consultations with Argentina

[Thiru Balasubramaniam]

The following document is the United States' request for consultations
with the Government of Argentina.  Thanks to the USTR-General Counsel's
office for providing a copy of this document.
"This request for consultations suppplements and does not replace the
United States' earlier request for consultations made in WTO Document
WT/DS171/1, notified May 6, 1999."  

Thiru


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PERMANENT MISSION OF THE UNITED STATES TO THE WORLD TRADE ORGANIZATION

MISSION PERMANENTE DES ETATS-UNIS D AMERIQUE AUPRÈS DE L'ORGANISATION
MONDIALE DU COMMERCE

1-3 AVENUE DE LA PAIX
1202 GENEVE


MAY 30, 2000

H.E. Mr. Juan Carlos Sanchez Arnau
Ambassador
Permanent Mission of Argentina
Route de l Aeroport 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
ofundisclosed 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 provisionalmeasures,
such as preliminary injunctions, for purposes of preventing
infringements of patent rights from occurring;

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

* 	Argentina fails to provide certain safeguards for thegranting 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 judiciaryto shift
the burden of proof in civil proceedings involving the infringements of
process patent rights; and 

* 	Argentina places impermissible limitations on certaintransitional
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