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Obligado & Cia | Argentina | 26 Jul 2021

New resolution on geographical indications and appellations of origin

Law 25,163 and Law 25,380 govern the matters of geographical indications and appellations of origin for wines and wine-based spirits and agricultural and food products, respectively. A new resolution that updates the requirements for the recognition of geographical indications and appellations of origin of agricultural and food products has recently been released.
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Obligado & Cia | Argentina | 17 May 2021

Trademark opposition process under Law 27,444

Law 27,444, which was enacted in May 2018, reformed the trademark opposition process by introducing a new system in which trademark oppositions are no longer initially settled in federal courts, but are instead settled administratively by the National Institute of Industrial Property (INPI). This reform aims to accelerate proceedings and reduce costs. Since the law became effective and with......
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Obligado & Cia | Argentina | 15 Mar 2021

Registering people's names as trademarks

Section 3(h) of the Law on Trademarks prohibits the registration of a person's name, pseudonym or portrait as a trademark without either their consent or that of their heirs up to the fourth degree. The National Federal Court of Appeals in Civil and Commercial Matters recently held that the great-granddaughter of Cuban rum manufacturer José Arechabala could not prevent the registration of the......
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Obligado & Cia | Argentina | 23 Nov 2020

Trade secrets legal regime – an updated overview

In Argentina, confidential information and trade secrets are protected by Section 39.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, Section 156 of the Argentine Penal Code, Law 24,766 (the Confidentiality Law) and the recently passed Emergency Decree 274/2019, which regulates different unfair competition aspects. This article provides an overview of the Argentine......
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Obligado & Cia | Argentina | 27 Jul 2020

Use of third-party trademarks as keywords

The rapid growth in internet use has given rise to conflicts between registered trademark owners and third parties using said marks. For example, search engine advertising systems make it possible to create ads that show products or services to users who are looking for them. Federal Court of Appeals in Civil and Commercial Matters case law provides useful guidance on the use of third-party......
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Obligado & Cia | Argentina | 2 Mar 2020

New legislation on unfair competition and designations of origin

Until the approval of Emergency Decree 274/2019 in April 2019, the regulation of unfair competition in Argentina was characterised by a lack of organisation, narrow scope and lack of a general rule for standardising acts of unfair competition. The new decree sets out numerous provisions that are relevant to the IP field, including provisions addressing the regulation of comparative......
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Obligado & Cia | Argentina | 2 Dec 2019

Unfair competition and trademark protection

The protection provided under industrial property law to commercial signs registered with the National Institute of Industrial Property is more effective than that offered by unfair competition law. It is therefore worth questioning whether unfair competition law exercises any function with regard to the protection of registered signs. There may be sectors in which the protection of a rights......
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Obligado & Cia | Argentina | 23 Sep 2019

Trademark rights and comparative advertising

Since the Trademark Law reserves the right to use a trademark for the mark's owner, legal scholars in Argentina have long debated whether the use of trademarks in comparative advertising is permitted. With the recent approval of Emergency Decree 274/2019, legislation has, for the first time, addressed comparative advertising in Argentina in a detailed and systematic manner and established......
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Obligado & Cia | Argentina | 22 Jul 2019

Implications of new unfair competition legislation for IP practitioners

Emergency Decree 274/2019 has established a comprehensive system for regulating unfair competition. Many practices punished by the new unfair competition rules affect IP rights. Further, the new legislation establishes a series of provisions that are highly valued in the IP field, including the detailed regulation of comparative advertising and provisions referring to names of origin and......
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Obligado & Cia | Argentina | 13 May 2019

Sweet tooth: new appellation of origin introduced

Law 25,163/1999 and Law 25,380/2000 govern appellations of origin in Argentina for wines and wine-based spirits as well as agricultural and food products, respectively. The Ministry of Production and Labour recently acknowledged a new appellation of origin for a sweet quince paste produced in San Juan that is part of the local culinary tradition and whose characteristics derive from the......
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