Could food be protected by copyright?
Since any student begins to study the law of Copyright in Argentina, we learn that this right protects the expression by a human being of ideas, procedures, methods of operation and mathematical concepts but not those ideas, procedures, methods and concepts in themselves. Typical examples of this exclusion were always weight loss methods, scientific theories and “culinary recipes”.
However, since a few years ago many chefs began to demand some recognition for the recipes and dishes created, according to the first ones, opening the subject to the following debate: does gourmet creation deserve to be protected by copyright? The answer to this basic question will determine if someone who plays the same dish as a chef must pay the author a certain right of remuneration or royalty.
As in any debate, we will always find the two positions: those in favor of recognizing the author’s copyright, basing their thinking on the need to protect the culinary creative act, comparing it with other artistic creations (musical, literary) that do they find protected. While on the other hand, we find the position contaria who argue that only can be considered “author’s dish” to that cooked by its author, …
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Opposing a Trademark Registration in Argentina
According to data from the Argentine Patent Office (INPI) in 2016, there were 71.020 trademark applications and 14.211 trademark oppositions, around 20% of all applications. What’s the procedure for opposing a trademark registration in Argentina?
The Argentine Trademark Law 22362 establishes that every trademark application is followed by a formal examination carried out by the INPI. After the examination, the application is published in the Trademark Bulletin (Boletín de la Dirección Nacional de Marcas). After the publication, third parties have 30 days to oppose the trademark application if they think there may be a potential infringement of their intellectual property rights.
The Opposition Proceedings
Once an opposition is filed against a trademark application, the applicant is given a one-year term from the date he is officially notified of the opposition: within this term, the applicant has to obtain the withdrawal of the opposition through direct negotiations with the opponent, or file proceedings to the Argentine Federal Courts.
The difference with other legal systems is apparent: the INPI is neither allowed to decide on the merit of the opposition, nor can it provide advice to the parties. The opposition procedure takes place between the parties or can ultimately be referred to …
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Health Authority seeks simplification of procedures
The Argentine Health Authority (ANMAT) has launched a public consultation aimed at simplifying the registration of almost 30 pharmaceutical active ingredients. The list includes both nonprescription, referred to as “over-the-counter” (OTC), and prescription medicines.
The goal of the project is the unification of the technical assessment and the first batch authorization, so both requirements are performed in only one procedure. Please click here to see the project (only Spanish version available).
ANMAT estimates that, if the project is approved, the assessment time for some procedures would be reduced by 85 percent.
The rules proposed in the project would affect products containing the following active ingredients: amoxicillin, atenolol, cephalexin, ciprofloxacin, dexamethasone, enalapril, ibuprofen, metformin, paracetamol, salbutamol, acyclovir and ranitidine, among others.
The consultation is open to everyone. Should you require any further information, please contact us.
Source: http://www.anmat.gov.ar…
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Registration of food products now online only
Beginning April 7, 2016, the registration of food products before the National Food Institute (INAL), a division of the National Administration of Drugs, Foods and Medical Devices (ANMAT), can only be made electronically through the Federal Information System for Food Control Management (SIFeGA). The previous hard copy registration system will no longer be available.
Parties needing to request a health authorization for food, dietary supplements and food for specific medical purposes in order to obtain an import-export registry will only be able to do so through SIFeGA.
Since the launch of the electronic registration system on November 30, 2015, the digital management of the National Registry of Food Products (RNPA) has optimized its organization and assessment times, with an increased efficiency of 80 percent over the previous paper system.
Source: http://www.anmat.gov.ar…
Read MoreHealth authority issues new regulation
Provision 7130/2015, concerning the active pharmaceutical ingredient “antimicrobial activity” published in September in the Official Gazette, should be applied to the presentation of the sale of medicinal preparations registered or entered in the Register of Medical Specialties ( Registro de Especialidades Medicinales, REM). This new provision complies with Argentina´s strategy for the Control of Antimicrobial Resistance, which was approved in a joint-resolution of the Ministry of Health.
“Antimicrobial resistance” is an extremely important worldwide problem because it reduces the therapeutic action of drugs and thus their ability to attack infections and overcome diseases.
This measure adopted by the Ministry of Health of Argentina is aimed at the protection of the health of the population and outlines the presentation of such medicines and drugs by dose and the duration of the treatment according to doctor’s prescriptions.
The objective of this measure is clear: that there should be no leftover or missing units in any prescribed treatment. Currently, the number of dosage units received by pharmacies from laboratories may be critical for two reasons: a) it may be insufficient and this may cause that the patient not to complete the prescribed treatment; and/or b) it may be excessive, so the patient may …
Read MoreNew rules for food and medicines
The National Health Authority (Administración Nacional de Medicamentos, Alimentos y Tecnología Médica – ANMAT) issued disposition 6516/2015 regarding advertising of food and medicines.
According to Article 1, companies owning products subject to sanitary surveillance shall notify the health authority of any advertising, traditional or not, aimed at the general consumers, and file the corresponding advertising piece in the format to be broadcast to the health authority.
Article 2 states that the owners of drugs sold under professional prescription status shall notify the health authority of the marketing of these products aimed at health professionals along with the appropriate promotional piece in the format to be broadcast.
Article 7 establishes that in case of alleged violation of the provisions of this resolution, the health authority “shall issue appropriate warnings to companies owning products to cease the broadcast of advertising (… ) proceeding to the inclusion of such warnings in the institutional website, (…).”
This new disposition was published in the Official Gazette on August 20, 2015 and entered into force on September 20, 2015.
For more information on this provision, please click here
Source: www.anmat.gov.ar…
Read MoreArgentinean public drug laboratories are considered to be of national interest
On January 20, 2015, law N. 27.113 came into force, with the main objective to promote the public drug laboratories and to strengthen their role in the society.
This regulation declared of national interest the activity dedicated to research and public drug production, raw materials for the production of medicines, vaccines, medical supplies and medical products.
Furthermore this law also creates the National Agency of Public Laboratories (Agencia Nacional de Laboratorios Públicos – ANLAP), whose duties and responsibilities are explained in detail in articles 5 to 10 of said regulation.
Source: http://www.infoleg.gov.ar…
Read MoreONLINE SERVICES decrease processing time and save paper
The local health authority (ANMAT) and the Federal Food and Drug Administration (INAL) recently issued the first digital register called “SIFeGA” (Sistema de Información federal para la Gestión del Control de Alimentos SIFeGA).
Every step of the process to obtain a certificate can be accomplished online through the health’s authority website. Using the tool and fulfilling all the necessary requirements also will speed up the process. The SIFeGA system is part of the health authority goal to use as little paper as possible.
Source: http://www.anmat.gov.ar…
Read MoreMandatory Variation for Medical Devices containing natural rubber latex
ANMAT’s Provision 6013-2014 establishes that medical devices containing natural rubber latex must inform this in their labels.
The provision is aimed at preventing episodes of latex allergy, a pathology that poses important legal and medical problems due to the frequency such material is used in medical and everyday-life environments.
The modification of labeling for this kind of products must be performed within the year subsequent to the implementation of the pertinent Provision.
Source: http://www.anmat.gov.ar…
Read MoreAnmat warns about misleading advertising in sales of Dietary supplements
Local Health Authority warns the population about the increase of graphic advertises regarding false statements and promises in the commercialization of dietary supplements though telephone sales. Having verified infractions to the current legislation regarding advertising of this kind of products, the health authority has ordered not to publish these advertisements any more until they are modified.
For example; those kinds of advertisements do not provide any information of their components and also they promise to be helpful in the cure of heart diseases, prostate and even cancer, or diabetes.
In light of the foregoing, please be reminded that the main function of the dietary supplements is to complement daily food intake. It should not be used to try to cure any diseases. For ANMAT it is important to fight against misleading advertising and raise awareness about the risks of buying these products.
Source: http://www.anmat.gov.ar…
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