Argentina Passes Open Access Act For Publicly Funded Research
The Congress of Argentina recently passed a landmark law making publicly funded science and technology research publications free and open access.
Intellectual Property Watch
Original news and analysis on international IP policy
Maximiliano Marzetti
Community Right To Access Unpublished Works Trumps Moral Rights Of Heir, Argentine Court Says
In a recent decision, Ediciones de la Flor SA c. Fontanarrosa Franco s. Acción Mere Declarativa (File No. 1420/08), the Court of First Instance in Civil and Commercial Matters No. 12 of Rosario, the second largest city in Argentina, ruled that the rights of the community to access unpublished works of a deceased author are superior to the moral rights of one of his heirs to oppose such publication.
Analysis: Argentine Court Clarifies What Patent Holders Can – And Cannot – Prohibit
In the recent decision on the case “Novartis AG versus Laboratorios LKM SA re cease of use of patent” the Third Chamber of the Federal Civil and Commercial Appellate Court of Argentina set an important precedent in relation to the interpretation of the ius prohibendi of patent holders. In other words, the demarcation of what they can and cannot prohibit.
Two Key Laws For The Public Domain Fare Differently In Argentine Congress
The Argentine Intellectual Property Act No. 11.723, which dates back to 1933, contains only one exception to copyright holders’ absolute power: the “droit de citation”, with an absolute maximum length of 1000 words or 8 bars for musical compositions, it must take into account the extension of the original work and is limited to certain non-profit uses only (education, research and the like).