The Argentine Executive Power recently issued Decree 27/2018 (ratified by Law 27,444), which introduces significant and substantial amendments to the Law on Trademarks, the Law on Patents and the Industrial Model and Design Decree 6,673/63 (ratified by Law 16,478), which sets out rules for industrial models and designs (for further information see "Regulation of new trademark opposition system"). The author of an industrial model or design must register it with the National Institute of Industrial Property (INPI) in order to gain protection under Argentine law.
The most important amendments to the regulation on industrial models and designs are summarised below.
Applicants may now file applications covering multiple designs (up to 20) provided that they belong to the same class of the Locarno classification. If the multiple designs fail to comply with this requirement, divisional applications can be requested by INPI.
The legal regime for industrial models and designs demands absolute novelty as a condition to confer protection.
Decree 27/2018 has modified Section 6(a) of Decree-Law 6,673/63 (ratified by Law 16,478) and now reads as follows:
SECTION 6. The benefits derived from this Decree-Law cannot be enjoyed by:
a) All such industrial models and designs that have been published or publicly exploited, either within the country or abroad, before the date of registration. However, the models or designs disclosed within the six (6) months prior to the filing date of the application or the priority shall not be deemed known if they fall under the following conditions:
- If said disclosure was a direct or indirect result of acts performed by the author or their legal successors.
- If the disclosure derives from a third party's act based on bad faith or disloyalty, or from a breach of contract, or from any other illegal act committed against the author or their legal successor.
- If the application was published mistakenly or inappropriately by the Registry of Industrial Models and Designs.
Drawings, photographs and digital reproductions are permitted to identify the claimed subject matter of industrial models and designs.
A renewal request must be filed as from six months before expiration of the certificate, and there is a six-month grace period for renewal after expiration.
For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100) or email ([email protected]). The Obligado & Cia website can be accessed at www.obligado.com.
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