Intellectual Property Law

Intellectual Property Rights in Argentina

By IBLS Editor

Argentina protects copyrights, patents, and trademarks; they are called industrial property rights. This article presents the laws regulating copyrights and trademarks and the basic concepts involved.  In addition to these laws, Argentina is signatory to the major treaties of the World Intellectual Property Organization (WIPO). 

COPYRIGHTS

Law No. 11723 of September 28, 1933, as amended, is the legal framework of copyrights in Argentina.  Industrial Models and Designs are also protected by Decree-Law, No. 6673 of August 9, 1963.  Industrial models and designs enjoy protection for five years, renewable for two five year terms; they have to be registered, including the foreign ones.

Argentinean law provides copyright protection to scientific, literary, and artistic works; these include literary, dramatic and musical compositions, paintings, maps, phonograms, films, sculptures, and software and computer programs.  Copyrights are held by the author for life and his heirs and assigns for 75 years after the author?s death. If heirs or assigns let 10 years to elapse without publishing the copyrighted works, they cannot object to republication of the works; yet, they may demand compensation. Copyright holders can assign their rights provided that this transaction is registered with the National Copyright Registry.   Regarding computer programs or software, copyrights are held by the employer if the work is produced during the course of employment.  Corporations holding copyrights on anonymous works hold these rights for 50 years.  Regarding photographic works, copyright protection runs for 20 years from the first publication; for motion pictures, copyright protection is afforded for 50 years from the death of the last person participating in the production.

Copyrights must be registered with the National Copyright Registry. This entity has specific forms to be filled out and fees to be paid depending on the type of copyright to be protected. For instance, music and words use form B; music or words use form A; software use form E; phonograms use form P; multimedia uses form D; Web pages use form W; films and movies use form V, among others.  To obtain copyrights in Argentina, three copies of the work must be deposited within three months after its appearance in the National Copyright Registry.  This agency publishes a daily report in the official newspaper with the registrations requested. Objections must be received within one month after publication; otherwise, the copyright is granted.

TRADEMARKS

Law 22362 of December 26, 1980 and Decree 558 of March 24, 1981 as amended regulate trademarks and trade names in Argentina.  The law protects distinctive symbols that represent products or services such as drawings, emblems, monograms, bands, images, color combinations, engravings, stamps, bands, containers, letters or numbers shown with special drawings, and advertising slogans.  The law does not grant trademark protection to marks similar or identical to other registered trademarks, national or foreign place names, and drawings or expressions contrary to good morals.  Also, the law establishes those marks that will not enjoy protection such as those that produce confusion with other products, names or photographs or persons without that person?s consent, and advertising slogans lacking originality.

 Trademark protection is afforded for 10 years and may be renewed indefinitely for 10-year periods provided that the trademark is used within the previous 5 years before the renewals. These renewals must be accompanied by a sworn statement certifying that the trademark has been used within the 5 years prior to renewal.  Trademark owners may transfer their rights to third parties but these transfers must be registered with the National Direction of Industrial Property.  Trademark owners hold exclusive rights over the mark. 

Trademark registrations must be made with the National Direction of Industrial Property (NDIP) and it must include name of petitioner, domicile, description of the mark, and identification of the products or services.  Registrations are published in the official gazette and the NDIP will make a decision within 30 days after filing.

Full post as published by IBLS Internet Law Blog on July 27, 2009 (boomark / email).