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

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

IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
Gift this article