Products Of Agricultural Origin And Food Law Nro. 25.380 - Modification - Full Text Of The Norm

Original Language Title: PRODUCTOS DE ORIGEN AGRICOLA Y ALIMENTARIOS LEY NRO. 25.380 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PRODUCTS OF AGRICULAR AND FOLLOW-UP Act No. 25,966 Amend Act No. 25,380. Sanctioned: November 17 of 2004 Cast: December 20, 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Replace the text of article 1 of Act No. 25,380 with the following:

The geographical indications and denominations of origin used for the commercialization of products of agricultural and food origin, in a natural state, conditioned or processed, shall be governed by this law. Wines and spirits of a natural origin are excluded, which are governed by Act No. 25.163 and its complementary and modulatory rules.

ARTICLE 2 el Replace the text of article 2 (a) of Act No. 25,380 with the following: For the purposes of this Act, the following is:

(a) Geographical indication: one that identifies a product as originating from the territory of a country, or from a region or locality of that territory, when certain quality or other characteristics of the product are attributable primarily to its geographical origin.

ARTICLE 3 Replace the text of article 3 of Act No. 25,380 with the following:

The determination and registration of geographical indications of agricultural and food products may be requested by any natural or legal person engaged in the extraction, production or manufacture of the same in the respective area. The requirements and procedures for the determination of the production area and the control of products belonging to this category shall be set out in the regulatory decree of this Act.

ARTICLE 4 Add the following text to article 7 of Act No. 25,380:

The provincial governments to which the area of the national territory belongs for the geographical delimitation of the denomination of origin shall submit to the Authority of Application a technical report on the due compliance of the requirements which, for the applicants of the Denomination of Origin establishes Article 6 of this Law.

ARTICLE 5° : Add as article 13(l) of Law 25,380 the following text:

(1) Carrying and permanently updating production statistics and reports with a designation of origin, in accordance with the rules set out in the respective Internal Regulations.

ARTICLE 6 Replace the text of article 16 of Act No. 25,380 with the following:

Article 16: The application authority, through the Register established for this purpose, shall record the geographical indications and/or the denominations of origin of agricultural and food products.

The procedure and precautions for the registration of geographical indications shall be established by the regulatory decree of this Law.

ARTICLE 7 Replace the text of article 23 of Act No. 25,380 with the following:

Article 23: This law does not impose any obligation to protect geographical indications and/or denominations of origin that are not protected or that have ceased to be in their country of origin, or that have fallen into disuse in that country.

The registration of geographical indications and/or designations of origin previously inscribed in your country of origin shall be governed by the registration and rights procedures, by this law and by supplementary rules.

It will be understood by "country of origin" to the country in which the geographical area, region or town is situated whose name constitutes the geographical indication and/or denomination of origin.

ARTICLE 8 Replace the text of article 24 of Act No. 25,380 with the following:

Article 24: The registration of geographical indications and denominations of origin protected under the terms of this law shall be handled through the Ministry of Foreign Affairs, International Trade and Worship, in the outside.

ARTICLE 9 Replace the text of article 25 of Act No. 25,380 with the following:

Article 25: Geographical indications and/or denominations of origin may not be registered:

(a) They are generic names of agricultural or food products, understood by such those who by their use have become the common name of the product with which the public identifies it in the Argentine Republic.

(b) Whether trademarks of a factory or trade registered in good faith or when the rights to a trademark or trade have been acquired through their use of good faith:

b.1. Prior to 1 January 2000;

b.2. Before the geographical indication and/or denomination of origin were protected in the country of origin.

(c) The names similar to others already inscribed as denominations of origin of agricultural or food products.

(d) The names whose use could induce in error regarding the qualities or characteristics of the product concerned.

(e) The use of any means which, in the designation or presentation of the product, indicates or suggests that the product comes from a geographical region other than the real place of origin, which can mislead the public with regard to geographical origin.

ARTICLE 10. Replace the text of article 26 of Act No. 25,380 with the following:

Article 26: The national State, through the authority for the application of this law, gives users the following rights to geographical indication and/or denomination of origin: (a) The right to use the geographical indication.

(b) Right to use the denomination of origin for agricultural and food products, and the name that identifies it; and exclusive right to use emblems, distinctives, acronyms, logos, marbetes, etc. that have been authorized by the competent agency.

(c) Quality control and guarantee specified in the denomination of origin registered by competent authority.

ARTICLE 11. Replace the text of article 27 of Act No. 25,380 with the following:

Article 27: The use of geographical indication and/or denomination of origin is prohibited:

(a) For agricultural or food products that do not come from the geographical areas determined in their respective registry, and which are of the same kind.

(b) As a commercial designation of products similar to those registered as a geographical indication or denomination of origin, in order to take advantage of their reputation.

(c) When imposing a false or fallacious indication, ardid or deceit, concerning origin, origin, nature or essential characteristics of products other than originating and protected.

(d) Any other practice that can mislead consumers about the true origin and/or differential qualities of the product, which implies unfair competition.

The above prohibitions shall apply to the geographical indications and/or denominations of origin used in the packaging, labels or packaging, advertising or documents relating to the product concerned.

ARTICLE 12. Insert the following paragraph into article 34 of Act No. 25,380:

It may partially delegate its functions to provincial authorities in relation to geographical indications and/or designations of origin whose production area is located in the respective provincial territory.

ARTICLE 13. Replace article 35 (p) of Act No. 25,380 with the following text:

Incorporate as new article 35(p), the following text:

(p) To conclude agreements with provincial and/or municipal authorities for the purpose of the implementation of this Act.

ARTICLE 14. Replace the text of article 37 (c) of Act No. 25,380 with the following:

(c) Perception of tariffs by registration and issuance of certificates and other services derived from the application of the system.

ARTICLE 15. Insert the following paragraph to article 37 (d) of Act No. 25,380:

Prior to the sale of the confiscated products provided for in this paragraph, any reference to the geographical indication or denomination of origin that caused the infringement shall be deleted.

ARTICLE 16. Replace the text of article 38 with the following:

Article 38: Créase la COMMISSION NACIONAL ASESORA de INDICATIONS GEOGRAPHICS AND DENOMINATIONS OF AGRICULTURAL AND FOLLOW-UP PRODUCTS, which will function as a permanent and unrelated advisory body within the organizational structure of the Implementation Authority.

ARTICLE 17. Replace the text of article 40 (c) with the following:

(c) Verify the National Register of Geographical Indications and Denominations of Origin.

ARTICLE 18. Replace the expression "Procedence Indiction" with "Geographic Indiction" in the following articles:

(a) Article 40 (c).

(b) First paragraph (c) of article 41.

(c) Article 42 (c) and (d).

(d) Article 43 (a) and (c).

(e) Article 35 (a), (b) and (p).

ARTICLE 19. The repeal of articles 7 and 8 of Act No. 22,802, which Act No. 25,380, is without effect.

ARTICLE 20. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL CUATRO.

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EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.