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Licencias obligatorias para exportación: Operacionalización en el orden jurídico argentino

Authors: Delich, Valentina;

Licencias obligatorias para exportación: Operacionalización en el orden jurídico argentino

Abstract

In 2017, the amendment to the Agreement on Trade-Related Intellectual Property Rights (TRIPS) entered into force, whereby Article 31bis was included in its text. This provision allows compulsory licensing for exports to third countries with no or insufficient local production capacity. The aim is to alleviate the difficulties faced by countries without drug production infrastructure so that they can make effective use of compulsory licensing and thus strengthen access to medicines at a lower price. Argentina is a country that has drug production infrastructure and could potentially become an efficient exporter. This paper explores the possible implementation of art. 31 bis in Argentina's legislation, proposing to incorporate into the national patent law the concept of humanitarian compulsory licensing.

Keywords

TRIPS Agreement, ddc:300, Access to Medicines, Argentina, Compulsory Licenses, Intellectual Property, Article 31bis, Patent Law, TRIPS, TRIPS Flexibilities, Compulsory Licensing, Export, Patent, Public Health, Local Production

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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