The present state of injunctive relief in the field of patents in Argentina

Abstract

In Argentina, in the field of patent law, injunctive relief was granted as from 2001 under reasonable terms and conditions for patent holders through the direct application of Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which expressly empowers judges to grant prompt and effective injunctive relief aimed at preventing and/or stopping the infringement of any industrial property right.

However, the legislative amendment introduced in this area in 2004, and in particular, the way it has been interpreted and applied by case law in recent years, has led in practice to the denaturalization of the precautionary institute and therefore to the frustration of the whole system of patent protection.