WORLD TRADE
ORGANIZATIONIP/N/6/ARG/1
4 December 2002
(02-6679)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
CHECKLIST OF ISSUES ON ENFORCEMENT1
Replies by Argentina
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The federal courts have jurisdiction for intellectual property rights.
In the case of infringements of copyright and related rights, jurisdiction lies with the Ordinary
Civil or Commercial Courts, depending on the infringement.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
The persons with standing to assert IPRs in the case of civil actions are the right holders or
licensees or authorized third parties.  They may act on their own behalf, with a representative, or
through an attorney.  Article 404 of the Civil and Commercial Code of Procedure establishes that theparties must make a personal appearance for the purposes of setting out their priorities.
In the case of an infringement of copyright or related rights, the persons with standing are the
original holders (natural persons) and related holders (legal persons).  Any of them may also be
represented by a collective management society.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
In civil proceedings, the court is entitled to require the party to submit documents in its
possession within the period specified by the court.  Similarly, any party may request the court to
order the opposing party to present such documents.
Where by other evidentiary means the existence and contents of such documents is manifest,
a refusal to submit them constitutes a presumption against the party required to produce them (Civil
and Commercial Code of Procedure, Articles 387 to 389).
In the case of patents and trademarks, the person in possession of the infringing goods is
obliged to inform the court of the commercial chan nel and present invoices or receipts for the goods
in question (Patents Law, Article 85;  Trademarks Law, Article 39).
                                                     
1 Document IP/C/5.IP/N/6/ARG/1
Page 2
4. What means exist to identify and protect confidential information brought forward as
evidence?
In civil cases the court may, ex officio or at the request of the interested party, order the
documents in the proceedings to be kept in the court's safe for the purposes of preventing disclosure
of any confidential information that the evidence may contain.
In a criminal case, the initial enquiry shall remain secret until after charges have been 
brought (Supreme Court of Justice, Regulations for National Justice, Articles 64 and 65,
17 December 1952).
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infringing goods and materials/instruments for
their production;
- any other remedies.
The civil judicial authorities may, at the request of the plaintiff, order cessation of acts
constituting the infringement of intellectual property rights.
The judicial authority in deciding on an infringement of intellectual property rights, may
order destruction of the infringing goods and the adoption of all requisite measures to prevent the
continuation or repetition of the infringement as well as publication of the judgement and notification
thereof to the persons concerned, at the expense of the infringer.
The criteria that the judicial authority may apply in determining the amount of damages in an
action for infringement of intellectual property rights relates to compensation both for consequentialdamage and for loss of income sustained by the victim and seen from evidence produced in the
proceedings.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the productionand distribution of the goods or services found to be infringing and of their channels of
distribution?
The courts are entitled in themselves and by la w to order the defendant to provide information
in response to questions from the plaintiff (Code of Civil and Commercial Procedure, Articles 378 to389).
Article 85 of the Patents Law establishes that, where the infringing goods have not been
manufactured by the person who is the subject of the interlocutory order, the order must give full
particulars of the name, quantity, value and time at which the goods started to be sold;  otherwise theperson shall be deemed an accomplice of the infringer.
Article 39 of the Trademarks Law establishes that the person in possession of the infringing
goods must give the name and address of the person who sold or obtained them and the date,IP/N/6/ARG/1
Page 3
producing an invoice or receipt, together with the quantity of units manufactured or sold and the
identity of the persons to whom the infringing goods were sold or delivered.
Article 24 of Decree Law 6673/63 stipulates th at the holder of the goods shall provide
explanations as to their origin, where relevant, to enable the right holder of the model or design to
prosecute the manufacturer.
In connection with phonograms, Article 72 of Law 11723 authorizes the court to require the
person storing or displaying them to present the relevant invoice linking him commercially with the
producer.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Everyone is required to compensate injury sustained by another person on account of his fault
or negligence (Civil Code, Article 1109).  The sa me obligation applies with regard to acts and
omissions by public officials that signify failure to fulfil their obligations (Civil Code, Article 1112).
The Framework Law Regulating the Civil Se rvice, Law 25,164, stipulates suspension,
dismissal or exoneration for an official who fails to perform his duties (Articles 23, 31, 32 and 33).
Again,  Financial Administration Law 24,156 stipulates that an official is liable for financial harmcaused through his fault or negligence (Articles 130 and 131).
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The length and cost of judicial proceedings vary, depending on the complexity of the issue
and the evidence invoked.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Law 25,163 provides for the remedy of opposition to the registration of geographical
indications.  Any natural or legal person declaring a legitimate interest may submit such opposition.
The implementing authority in that case gives authorization to the applicant, who may submit
the relevant information for the authority to decide whether or not it is appropriate to grant protection
to the geographical indication applied for.
Applications for remedies may also be submitted by any natural or legal person forming part
of the geographical indications system.
The implementing authority is entitled to impose penalties on natural or legal persons in the
system when any fault or infringement is ascertained:
- A fine of up to fifty (50) times the market value of the infringing good;- forfeiture of the infringing goods;- temporary suspension of use of the indication of origin or source in question;IP/N/6/ARG/1
Page 4
- definitive cancellation of the use of the indication of origin or source, which shall be
published in a newspaper with nationwide circulation and in the Official Bulletin for
one (1) day.
In the event of a further offence or where the goods are intended for export, fines may be
increased up to twice the amount stipulated in the first subparagraph above.
In the course of the administrative procedure, preventive seizure of the infringing goods may
be ordered, for which purpose relevant judicial authorization will be required.
The implementing authority may also impose pena lties on natural or legal persons not in the
protection system established by law in the event of:
- Improper use of an indication of origin or source;- the use of trade names, expressions, signs, abbreviations or emblems which, because
of their identity or graphic or phonetic similarity with protected indications, or with
registered signs or emblems, may be misleading as to the nature or origin of
agricultural and food products;
- the improper use of protected geographical names on labels or tags, trade documents
or product advertising, even though accompanied by the terms "kind", "type", "style",
"method", "imitation" or a similar expression that may mislead the consumer as an
indication of origin or source.
In all cases of alleged infringements of this law or its regulations on indications of origin, or
decisions by councils, a preliminary enquiry shall be initiated and shall guarantee the alleged
infringer's right to a defence.
Where the enquiry reveals alleged infringements for which the body making the enquiry is
not competent to judge, that body shall in due cour se inform the appropriate organization and/or court.
Decisions by the implementing authority imposing penalties shall be actionable before the
relevant federal court.  An appeal does not suspend execution of the act.  It is not essential to exhaust
administrative channels before bringing court actions.
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that the judicial authorities may order and
the legal basis for such authority.
General framework
With reference to patents, see WT/D S173/3, WT/DS196/4, IP/D/18/Add.1 and
IP/D/22/Add.1, dated 19 June 2002, question 6.
In the case of an infringement of the Trademarks Law, the owner of a registered trademark
who learns of the existence of goods with an infr inging trademark may apply to the competent court
for:  seizure, an inventory and description and/or confiscation of some of the infringing goods.  The
court may require surety from the applicant (Trade marks Law, Article 38), where it deems that theIP/N/6/ARG/1
Page 5
applicant does not have financial resources and is liable when he has requested seizure without any
right whatsoever.
In civil actions to obtain cessation of the use of the trademark, the plaintiff may demand real-
property security from the defendant if the defendant does not halt the use in question.  If the securityis not furnished, the plaintiff may demand suspension of use and a seizure (Trademarks Law,
Article 35).
As for copyright, precautionary measures are provided for in Article 79 of Law 11723, which
specifies that the courts may, after a bond is posted by the parties concerned, preventively order
suspension of a theatre, cinema, philharmonic or similar performance, seizure of the works in the
complaint, together with seizure of the proceeds thereof, and any measure for effective protection ofthe rights protected by the Law.
11. In what circumstances may such measures be ordered inaudita altera parte ?
See WT/DS173/3, WT/DS196/ 4, IP/D/18/Add.1 and IP/D/2 2/Add.1, dated 19 June 2002,
question 6.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time -limits and safeguards to protect the legitimate
interests of the defendant.
With regard to patents, see WT/DS173/ 3, WT/DS196/4, IP/D/18/ Add.1 and IP/D/22/Add.1,
dated 19 June 2002, question 6.
Article 39 of the Trademarks Law stipulates that a record must be made out when provisional
measures are adopted.  As in the case of patents, if the applicant does not bring the corresponding
action within 15 days of the precautionary measures, such measures lapse (Article 40).
With regard to industrial designs, Article 24 of Decree 6673/63 stipulates that the court shall
appoint a court official to proceed to the place in question, seize a specimen of the infringing goods,
after making an inventory.
With reference to copyright and related rights, Article 79 of Law 11723 requires the interested
parties to post a bond for the measures to be adopted.  Article 72 bis waives the bond for authors' or
producers' societies recognized as being legally representative and the time-frame is extended to
15 days from seizure of the copies.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The cost and duration of the proceedings vary, depending on the complexity of the
proceedings.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
With reference to intellectual property, there are no administrative-type measures.IP/N/6/ARG/1
Page 6
With a reference to new plant varieties, Law 20,247 authorizes the Ministry of Agriculture,
Livestock, Fisheries and Food to halt the sale and movement of the allegedly infringing goods for a
period not exceeding thirty days (Article 45).
Special requirements related to border measures
15. Indicate for which goods it is possible fo r the suspension by the customs authorities of
the release into free circulation, in particular whether these procedures are available also in
respect of goods which involve infringements of intellectual property rights other than
counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote
to Article 51).  Specify, together with relevant criteria, any imports excluded from the
application of such procedures (such as goods from another member of a customs union, goodsin transit or de minimis imports).  Do the pr ocedures apply to imports of goods put on the
market in another country by or with the consen t of the right holder and to goods destined for
exportation?
Article 38 of the Trademarks Law establishes the possibility of applying for provisional
measures consisting of seizure, an inventory and description of the goods and confiscation of one of
the infringing goods.  Under Article 34 of the Trademarks Law, the injured party may also request
forfeiture and destruction of the goods.
With reference to industrial designs, Article 24 of Decree 6673/63 allows for the possibility of
seizure of a specimen of the infringing goods.
With reference to copyright and related rights, Article 79 of Law 11,7123 allows the court,
after a bond has been posted by the interested parties, to distrain on the works in question.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements related
to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent
assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of
inspection and information) been implemented?
In the Argentine legal system, suspension of the release of goods is a provisional measure
further to a special decision and, consequently, must fulfil the same requirements as provisional
measures.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of decisions
by the competent authorities for the suspension of the release of goods into free circulation?
There are no data available.  The duration and cost depend on the type of action brought and
the complexity of each particular case.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio action?
There is no provision of any kind establishing ex officio action.  Actions must be initiated by
the right holder or his licensee.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.IP/N/6/ARG/1
Page 7
See the replies to questions 12 and 15 above.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The competent authorities for cases of criminal acts of infringement of intellectual property
rights are the federal (criminal) courts.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Under Article 75 of the Patents and Utility Models Law, fraud concerning inventors' rights is
deemed to be counterfeiting.  Article 76 extends this offence to anyone who:
- Produces or orders the production of one or more articles in breach of the rights of the
holder of the patent or utility model;
- imports, sells, places on sale or markets or displays or introduces into the territory of
the Argentine Republic one or more articles in breach of the rights of the holder of
the patent or utility model.
Under Article 77, the following are liable to th e offence of disclosure and usurpation of an
invention which has not yet been protected:
- Any partner, agent, adviser, employee or workman of the inventor or his assignees
who he usurps or discloses an invention which is not yet protected;
- anyone who bribes the partner, agent, adviser, employee or workman of the inventor
or his assignees to obtain disclosure of the secret;
- anyone who breaches the confidentiality imposed by law.Under Article 78 anyone is liable to punishment  if, without being the holder of a patent or
utility model, whether or does not enjoy the rights conferred thereby, uses those products or, in his
advertising, names likely to mislead the public as to the existence thereof.
Under Article 31 of the Trademarks Law, anyone is liable to punishment if:
- He counterfeits or fraudulently imitates a registered trademark or name;
- uses a registered trademark or name that is counterfeit or, fraudulently imitated or
belongs to third party, without his authorization;
- places on sale or sells a registered trademark or name that is counterfeit or
fraudulently imitated or belongs to a third party, without his authorization;
- places on sale, sells or markets products or services with a counterfeit or fraudulently
imitated registered trademark.
Under Article 38, anyone in possession of counterfeit goods is required to report the name
and address of the person who sold them and the date on which they were acquired, the invoice, theIP/N/6/ARG/1
Page 8
quantity of counterfeit units sold and to whom sold or he will otherwise be presumed to be an
accomplice in the counterfeiting or fraudulent imitation.
Under Article 21 of Decree 6673/63 anyone is liable to punishment if:
- He manufactures or orders the manufacture of industrial goods with the
characteristics protected by the registration of a model or design or copies thereof;
- knowing that it is unlawful, sells, places on sale, displays, imports, exports or in any
other way markets the goods referred to above;
- with malice aforethought holds such goods or conceals the names of the
manufacturers;
- with malice aforethought invokes a model or design, without registering it;- sells as belonging to him plans for designs protected by registration by another
person.
Under Articles 71 et seq. of Law 11,723, the following are offences:- Publishing, selling or reproducing an unpublished or published work without the
consent of the author or right holder;
- falsifying intellectual works;- plagiarism;- failure to observe the contract clause specifying the number of issues to be printed.In addition, with regard to phonograms:- The storage or display of unlawful copies  and the importation of unlawful copies for
distribution to the public.
Under Law 20,247 it is an offence to identify and sell seeds of cultivars where multiplication
and marketing thereof have not been authorized by the owner of the cultivar.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
With reference to patents and trademarks, criminal proceedings are a public matter and are
initiated by the Department of Public Prosecutions.
With reference to industrial designs, criminal proceedings are brought by private individuals
(Decree 6673/63, Article 23).
Court cases for breaches of copyright may be initiated ex officio or by complaint by the party
concerned.
The Ministry of Agriculture, Livestock, Fisheries and Food (Seeds) is entitled and obliged to
conduct investigations ex officio and on receipt of complaints and is the authority for applying
penalties.IP/N/6/ARG/1
Page 9
In addition, the Directorate General of Fair Trade is also competent to act ex officio in cases
of infringements.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
The right holder.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
In the case of patents, fraud is penalized with six months to three years' imprisonment and a
fine (Patents Law, Article 75).  Unlawful manufacture and marketing entail the same penalty
(Article 76).  Disclosure and usurpation of inventions that are not yet protected entails the samepenalty increased by one third (Article 77).
Acts of usurpation under Article 78 entail a fine.In the case of the Trademarks Law, offences under Article 31 entail three months to two
years' imprisonment, in addition to a fine.
Similarly, Article 34 of Trademarks Law, establishes that the injured party, regardless of the
legal channel chosen, may request:
- Forfeiture and sale of goods and other elements with an infringing trademark;
- destruction of the infringing trademarks and names and all elements bearing them if
they cannot be separated.
As for industrial designs, offences under Article 21 of Decree 6673/63 entail a fine.
The penalties for infringements indicated in response to question 21 are:
- One month to six years' imprisonment;- monetary fines (Law 11,723, Article 73 and 74);- with respect to phonograms, confiscation, forfeiture (Law 11,723, Article 72 bis).
Orders may be issued for monetary fines, forfeiture of the goods or suspension of inclusion in
the National Register of Commerce and Seeds Inspection.
25. Describe the provisions governing the length  and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.IP/N/6/ARG/1
Page 10
There are no provisions or data in this connection.  The duration and cost of the case depend
on the complexity of the evidence and the amount claimed.
__________