Argentina: Need for new test data legislation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Argentina: Need for new test data legislation

Taking into account the benefits of test data protection, several Latin American countries have integrated proper data protection measures into their national legislation.

During the negotiations over Article 39.3 of the TRIPs Agreement, such long-term benefits to the health of the citizens of all member countries of the World Trade Organization that would result from adequate test data protection enforced by governments were expressly recognised.

As an example of such benefits we can mention that in developed countries (for example, in the United States) the data protection rights and marketing exclusivity granted by the Orphan Drug Act have resulted in a dramatic increase in the number of orphan drugs available to the public.

In the case of developing countries a serious problem is the lack of pharmaceutical products used to treat conditions or diseases that are not normally found in developed countries or when a disease affects only a reduced group of patients in developed countries, but a large number in developing countries. In this situation, the potential markets in developed countries would not always be enough to encourage the spending required for research and testing of such medicines.

Adequate test data protection in both developed and developing countries will create the proper incentives through the creation of a larger market of consumers.

Argentina

Notwithstanding these benefits, Argentina's legislation (Law 24,766 – the Confidentiality Law, Executive Order 150/92) fails to provide effective protection against unfair commercial use or unauthorised disclosure of test and other data generated to obtain marketing approval for pharmaceutical products.

The enactment of new legislation consistent with the TRIPs Agreement would improve the health and standard of living as new and better medications would be available to the general population.

zuccherino.jpg

Daniel R Zuccherino


Obligado & CiaParaguay 610, 17th FloorC1057AAH, Buenos Aires, ArgentinaTel: +54 11 4114 1100Fax: +54 11 4311 5675admin@obligado.com.arwww.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Gift this article