CHAPTER 13
Validity of IP Rights Locally: Specifics ALL IP RIGHTS ARE NATIONAL IN ORIGIN.
International treaties may offer recognition and protection of IP rights, but one of their foremost goals has been to require the harmonization of national laws and practices. While this goal has been somewhat successful, local variations are still very much in existence. When developing an international IP strategy, it is important to keep some of these variations in mind, particularly if failure to comply will mean loss of your IP rights. A listing of all requirements for all IP rights for all countries will not fit in this chapter. The countries listed below are intended to provide a sampling of the issues and requirements of local laws that you might find relevant when deciding on your IP strategy. Keep in mind that this is a short list and other concerns may also be important to take into account before finalizing your strategy. As you will see, there are trends in harmonization but also many differences in details. It should also be apparent that the protection of IP rights is not as easy as it may at first seem; merely filing an application for registration is not all there is to it! For advice on specific local legal requirements, always consult an attorney knowledgeable in the laws and practices of the particular country of interest.
Local Patent Laws ARGENTINA ■ PATENT REGISTRY:
National Patent Registry, National Institute of Industrial Property (INPI), Ministry of Economic Affairs, Public Works and Public Services
■ RIGHTS PROTECTED:
Utility (industrially useful) inventions; pharmaceutical
products ■ NOVELTY REQUIREMENT:
Invention is novel if it is not currently known in
the industry Power of attorney legalized by Argentine Consulate; Spanish translation of specification, claims, and abstract; if applicant is not the inventor, deed of assignment legalized by the Argentine Consulate; if priority is claimed, certified copy of the application or registration on which the priority claim is based
■ SPECIAL DOCUMENTARY REQUIREMENTS:
■ DURATION:
20 years
Annual annuities; if owner fails to work patent within three years of granting date or within four years of filing date
■ USE REQUIREMENTS:
■ RELATED RIGHTS:
Utility models, with 10 year duration
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