U.S. and Argentina Resolve Intellectual Property Rights Issues

Outcome reflects bilateral commitment to resolve trade disputes

Negotiators from the United States and Argentina, meeting in Buenos Aires, recently "finalized the elements of a joint notification to the World Trade Organization (WTO) regarding intellectual property matters," according to a press release issued April 19 by the Office of the U.S. Trade Representative (USTR).

The notification, which resolves long-standing questions related to intellectual property rights, "reflects a commitment [from] both sides to use creative approaches in solving vexing trade issues," the USTR said.

Following is the text of the USTR press release, with further details:

Office of the United States Trade Representative
Executive Office of the President
Washington, D.C. 20508
April 19, 2002

USTR and Argentine Negotiators Resolve
Long-Standing Intellectual Property Rights Issues

Washington -- Intellectual property rights officials from the United States and Argentina, meeting in Buenos Aires, finalized the elements of a joint notification to the World Trade Organization (WTO) regarding intellectual property matters. This culminates three years of work done in WTO dispute settlement consultations, and allows the two countries to implement the progress made during this period. The outcome, which was announced following the April 14 meeting of the U.S.-Argentina Bilateral Council on Trade and Investment, reflects a commitment of both sides to use creative approaches in solving vexing trade issues.

In the joint notification, Argentina clarified how certain aspects of its intellectual property system, such as those related to its import restriction regime, operate in conformance with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. In addition, Argentina agreed to amend its patent law to provide protection for products obtained from a process patent and to ensure that preliminary injunctions are available in intellectual property court proceedings, among other amendments. Finally, on the outstanding issues that remain, including that of data protection, the United States retains its right to seek resolution under the WTO dispute settlement mechanism. The two countries will notify the WTO of this agreement, describing the details.

The United States is committed to giving full consideration to Argentine requests to expand market access for Argentine products under the Generalized System of Preferences (GSP) as soon as the legislation re-authorizing the GSP trade preferences is enacted.