National Institute Of Indotrial Ownership Organizational Structure - Approval - Full Text Of The Norm

Original Language Title: INSTITUTO NACIONAL DE LA PROPIEDAD INDUSTRIAL ESTRUCTURA ORGANIZATIVA - APROBACION - - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY National Decree 1.586/96 Approve the organisational structure of the above-mentioned Autonomous Agency.

Bs. As., 19/12/96

VISTO Law No. 24,481 and its amended Law No. 24,572 and Regulations No. 590 of 18 October 1995 and No. 260 of 20 March 1996;

CONSIDERING:

That Law No. 24,481 and its Amendment No. 24,572 provided for the creation of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY as an auto-archic organism, with legal entity and own heritage, which will operate in the area of the MINISTERY of ECONOMY and ARTWS and PUBLICAL SERVICES, to act as Authority of Application of Law No.

That article 69 of Decree No. 590/95 provides that the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY extends to the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, which will refer it to the MINISTRY GABINETE JEFF for its consideration by the NATIONAL EXECUTIVE PODER, the organizational structure project of the agency.

That, in that regard, a high-level professional and technical team of expertise is required in accordance with the policy of the National State to prioritize the administration of the protection of industrial property rights.

That the agency also has its own resources, derived from the tariffs and emerging annuities of the laws it applies and the rates it receives as a retribution for additional services it provides, whose values have been determined in Annex I to Decree No. 590/95, as amended by Decree No. 260/96.

That in the draft General Budget of the National Administration for 1997, in Jurisdiction 50.00 - MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, Entity 622 - NATIONAL INSTITUTE OF THE PROPERTY INDUSTRIAL, the financing of the charges required in this organisational structure is foreseen.

That by specializing in the functions of the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL, its dependent staff shall be governed by the scale approved by the Board in accordance with the terms of reference assigned to it by Law No. 24,481 (t. 1995) articles 92 and 93 and supplemental by the rules of the contract of employment, Law No. 20,744 and its rules of change, supplement and regulation.

That the UNITY OF REFORM AND MODERNIZATION OF THE STATE OF THE GABINETE JEFATURA OF MINISTERS, has taken the intervention that belongs to it, expiating favorably.

That the dictation of this Decree is carried out in the use of the powers conferred by article 99 (1) of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 . Approved the organizational structure of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (I.N.P.I.), autarchical organism that will function in jurisdiction of the SECRETARIAN OF INDUSTRIA, TRADE and MINERIA of the MINISTERY of ECONOMY and ARTH AND PUBLIC SERVICES, in accordance with the present decrees Art. 2o al Add to the Directory of the NATIONAL INSTITUTE INDUSTRIAL to approve the scaffolding for the Institute under Act No. 20,744 and its regulatory and complementary standards. Art. 3o , In a period not greater than the TREINTA (30) days from the dictation of this act, the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS will raise for approval the proposal for the adequacy of the objectives of the COORDINATION and INDUSTRIA, TRADE and MINERIA secretariats, in accordance with the modifications that are operating by this measure. Art. 4o Los The expenses that demand the functioning of the Institute will be charged to the jurisdiction 50.00 - MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, Entity 622 - NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, Program 16 - Protection of the Rights of Industrial Property, Activities 01 - Higher Conduction and 02 - Patent Administration, 1997. Art. 5o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . Roque B. Fernández.

Annex I

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Annex II

NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY

OBJECTIVES

Exercis the Nros Law Enforcement Authority. 22,362 and 22,426, Decree-Law No. 6673 of 9 August 1963, as well as the Nros Acts. 24,481 and 24.572.

Carry out the State ' s activity in the field of industrial property in accordance with the international conventions and the legislation in force, bearing in mind, among others, the actions in the area of recognition and maintenance of registration protection to the various manifestations of industrial property.

Annex III

UNITY OF INTERNAL AUDITORY

PRIMARY RESPONSIBILITY

Ensuring the implementation of an adequate internal control system in the NATIONAL INSTITUTE OF PROPERTY INDUSTRIAL, in order to comply with the provisions of Act No. 24,156 on Financial Administration and Public Sector Control Systems, and on amendments.

ACTION

1. . Conduct analysis and review of budgetary, economic, financial, property, policy and management aspects.

2. . Make the comparison and assessment of the actual aspects mentioned above as provided for in the current legislation.

3. . Evaluate the operational management of each of the areas, and follow them.

4. . Elevar to the Board of Directors of the Institute the observations and recommendations arising from the analysis and evaluation of the activities carried out, and allowing, through the implementation of such recommendations, the improvement and strengthening of the activities of the agency.

5. . Conduct analysis and review of budgetary, economic, financial, property, policy and management aspects.

NATIONAL ADMINISTRATION OF PATENTES

PRIMARY RESPONSIBILITY

Manage and resolve all matters pertaining to the application, concession, exploitation and transfer of patents and models of industrial use, and subsequent procedures that may arise from them, acting together with the Department of Technological Information and the Directorate of Legal Affairs.

ACTION

1. . Processing, studying and resolving patent applications and utility models.

2. . Understand in the procedures of nullity, expiry, licenses and control of the exploitation of granted patents and of the labor conflicts that are committed in relation to an invention.

3. . Send authorized certificates and copies of documents contained in files of your competence.

4. . Take reason for the transfers of the granted patents, and those that are in a state of procedure.

5. . Notify its resolutive and procedural acts under Law No. 19.549 and the Regulations of Administrative Procedures. Decree No. 1759/72 (t. 1991).

6. . Acting together with the Department of Technological Information and the Directorate of Legal Affairs, for the proper application of the legislation in force in the area.

MARCH DIRECTION

PRIMARY RESPONSIBILITY

ACTION

1. . Instrumentate the procedure for the granting of the Trademark Registry.

2. . Verify the expiration of the agreed right and comprehensive control of the conditions for the granting of its renewal.

3. . Propose to the Board legislative and/or operational measures in order to optimize actions in the internal field, as well as in the framework of regional integration.

4. . Ensuring compliance with legal deadlines in safeguarding the Law of Priority set by the Law.

5. . Propose to the Board the organization of seminars and training courses within the scope of the Institute, or in combination with other national, international or private agencies in matters of branding.

DIRECTION OF INDUSTRIAL MODELS AND DISEKES

PRIMARY RESPONSIBILITY

Understand in the resolution of applications specifically referred to in the registration of industrial models and designs, within the framework of the legal regime in force in the matter .DecretoLeLey No. 6673/63, ratified by Law No. 16.478 - and perform all the processing inherent to such functions.

ACTION

1. . Protecting the rights of those who create forms or design the objects of the industry in order to improve their appearance and give them an ornamental character, by registering them.

2. . Publish the models and designs already granted.

3. ). Comply with the statistics requested by international agencies; (WIPO).

4. . Advising foreign individuals, companies and embassies who wish to know the current legal regime to register models and designs.

DIRECTION OF TECHNOLOGY TRANSFER

PRIMARY RESPONSIBILITY

Understand in all respects the study of contracts relating to the transfer of technology to be registered with the Institute, in order to comply with the provisions of the legislation in force.

ACTION

1. . Advising the presenters of technology transfer contracts on their consultations.

2. . Promote the transfer of technology from local companies to foreign companies, by providing information - databank - in order to promote the export of technology.

3. . Disseminate the essential requirements for contract registration to the different companies in the country.

4. . Keeping up-to-date information and strict confidentiality of information supplied by companies.

5. . Promote the incorporation of technology from outside through data bank.

DIRECTION OF LEGAL MATTERS

PRIMARY RESPONSIBILITY

Advising in all matters of a legal nature within the competence of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY, promoting the improvement of legal and regulatory provisions.

ACTION

1. . Dictamine in all cases submitted for consideration.

2. . Answer all judicial requirements of trades, reports and precautionary measures on brands, patents, models and industrial designs and transfer of technology.

3. . Carrying Agent Power Registry.

4. . Answer and promote the demands on cases referred to the Marcariot Register and those to which the Institute is a party.

5. . Processing administrative resources and raising appeals where appropriate.

6. . Instructing administrative summaries.

7. . Revise and reconcile the measures of legislation, provided that they affect issues of specific competence of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY.

DEPARTMENT OF TECHNOLOGICAL INFORMATION

PRIMARY RESPONSIBILITY

Develop and maintain permanently updated a database linked to the activities of the Institute, initiating search at the national and international levels to determine the protection of the rights of industrial property.

Disseminate technological information on a regular basis, subject to registration, without prejudice to any other type of publication deemed relevant.

ACTION

1. . Participate, together with the National Patent Administration and the Directorate of Legal Affairs, in the proper application of the international conventions of the area.

2. . Maintain direct relations with national and international agencies and entities dealing with this issue.

3. . Provide support services to industrialists, entrepreneurs, inventors and research centers, both private and public, through the provision of technical information necessary for the development of new technologies.

4. . Conduct technical background searches for the determination of novelty and inventive activity during the processing of the Invention Patents and Utility Models.

5. . Disseminate the registration services of the institute, and exchange information with different countries.

DIRECTION OF OPERATIONAL COORDINATION

PRIMARY RESPONSIBILITY

Coordinate activities relating to accounting, economic, financial, administration, maintenance, supplies, general services and data systematization.

Manage policies and implement regulations governing staff, their administrative career, their training and development of labour relations, seeking to optimize productivity and job satisfaction levels.

ACTION

1. . Coordinar todo lo atinente a registrociones contables y balances, planning and budgetary control, rendiciones de cuenta, control de las Liquidaciones de haberes, custodia de Fondos y valores, contrataciones, actos tenderatorios ycontras de locaci├│n.

2. . Coordinar lo atinente al registro y control de los patrimonio patrimoniales.

3. . Coordinar lo atinent to storage and distribution of supplies.

4. . Conducting the office activities, as well as the input table, outputs, file, and microfilmation.

5. todo Coordinate all the information services required by the agents of the industrial property and the general public.

6. . Make publications and editions of the magazines and newsletters of brands, patents and models according to the legal requirements in the matter.

7. . Coordinate the operation of computer services, proposing the type of equipment needed, in terms of hardware and software, as well as the development and maintenance of systems applicable to all specific activities of the Institute.

8. . Conduct all activities inherent in the administration and development of the Institute ' s human resources and its ongoing training.

9. . Supervising everything in line with the applicable labor regime.

10. todo Understanding everything related to organizational needs, procedure manuals, circuits and administrative systems.

11. . Coordinating everything related to general, security and maintenance services.

Annex IV

PLANTA PERMANENT

MINISTERY OF ECONOMY AND PUBLIC SERVICES

SECRETARIAT OF INDUSTRIA, TRADE AND MINERIA

ORGANISM DECENTRALIZED 622: NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (Escala Salarial Propia)

UNITY

LEVEL

E.E.

A1

A2

A3

A4

A5

B1

B2

B3

B4

C1

C2

C3

D1

D2

D3

E1

E2

E3

TOTAL

DIRECTORY

3

1

0

0

0

0

0

2

2

2

0

0

0

3

1

0

0

0

0

11

DIRECTION OF INDUSTRIAL MODELS AND DISEKES

0

0

0

0

1

0

0

1

0

0

0

0

1

0

0

1

3

0

0

7

DIRECTION OF LEGAL MATTERS

0

0

0

1

0

0

0

0

0

0

2

0

2

4

6

7

8

0

0

30

NATIONAL ADMINISTRATION OF PATENTES

0

1

1

0

0

0

1

0

0

0

6

10

8

17

4

10

3

0

0

61

DIRECTION OF TECHNOLOGY TRANSFER

0

0

0

0

1

0

0

1

0

0

0

0

1

1

2

2

2

0

0

10

MARCH DIRECTION

0

0

0

1

0

0

1

0

0

0

1

1

1

4

6

26

13

0

0

54

DEPARTMENT OF TECHNOLOGICAL INFORMATION

0

0

0

0

0

0

1

0

0

0

1

2

2

9

2

3

3

0

0

23

DIRECTION OF OPERATIONAL COORDINATION

0

0

0

1

0

0

0

0

0

1

4

1

2

5

6

12

35

1

0

68

TOTAL

3

2

1

3

2

0

3

4

2

3

14

14

17

43

27

61

67

1

0

264

Note: E.E. staff are not included in the general total.