“Transcendental improvement”: the Government repealed a measure of Kirchnerism that made the patenting of biotechnological developments “almost impossible”

The national government today repealed a Kirchnerism regulations that established the parameters for the patenting of biotechnological developmentswhich, according to the current administration, made it impossible to register new events and caused Argentina to be “lagging behind countries that adopted more flexible criteria.”

Thus, through the Resolution 197/26 of the National Institute of Industrial Property (INPI) published today in the Official Gazette, Resolution 283/15, which regulated the patenting of living matter and biotechnology.

The new regulations were announced by the Chief of Staff, Manuel Adorniand the Minister of Deregulation and Transformation of the State, Frederick Sturzenegger.

“The National Government repealed Resolution 283/15, which restricted the patenting of biotechnological developments in Argentina. The measure aligns the country with international standards and will allow attracting investments and new technologies to the productive sector, especially the agricultural sector,” Adorni indicated in his official X account.

For his part, Sturzenegger considered that the Executive’s measure represents “a momentous improvement in respect for intellectual property and innovation in our country”, since “that norm of the last days of Cristina Fernández de Kirchner’s second term, to put it in Creole, had made it almost impossible to patent biotechnological developments in Argentina.”

In the recitals of the current resolution, it is explained that the previous regulations “established that the modified parts and components must specify their isolated state; however, these events only acquire meaning and functionality when they are inserted in a living organism, so their isolation deprives them of industrial application, an essential requirement for an invention to be patentable; this requirement, therefore, imposes a formal condition that discourages the effective protection of technological developments in the field of biotechnology.”

On the other hand, the measure understands that “these modifications have generated a restrictive registry environment and unfavorable for innovation and investment, hindering access to key technologies that could substantially improve the productivity, sustainability and international competitiveness of the Argentine agricultural sector.”

For Sturzenegger, the application of the previous regulatory framework gave rise to a “predictable” result, ensuring that “Argentina was left lagging behind countries that adopted more flexible criteria” as the field cannot “access key technologies that improve productivity, sustainability and international competitiveness. A goal against that we all paid for.”

“A few months ago we repealed Joint Resolution 118/2012 on pharmaceutical patents. Today we complete that logic in agricultural biotechnology. Argentina aligns itself with the international standards that our trade partners respect — and that is not a minor fact in the framework of the trade agreements that we are building,” added the national official.

Based on this, Sturzenegger concluded: “Strong intellectual property is a condition of entry to large markets. It is not negotiable for the EU, it is not negotiable for the US, it is not negotiable for any serious agreement. “Argentina is no longer the country that comes to the negotiating table with rules that the world rejects.”

By Editor

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