This analysis describes the radical transformations in pharmaceutical intellectual property protection in Argentina during the 1990s. Most importantly, it highlights the consequences of the use by the United States of unilateral trade weapons to pressure Argentina to adopt certain standards in this field. The enforcement or threatened enforcement of Section 301 of the US Trade Act, along with GSP restrictions, have proven to be controversial tools in protecting US interests abroad, as is demonstrated by the Argentine case. Some positive results were achieved for United States’ interests but the United States created at the same time negative implications by pressuring for more protection in a shorter time than is mandated under TRIPs: in other words, requiring “TRIPs–Plus” standards. The conclusions of this paper could prove useful when analyzing similar cases over remaining TRIPs “transitional period” years in developing and least developed countries regarding the protection of pharmaceutical intellectual property rights.
