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Ojam Bullrich Flanzbaum | Argentina | 25 Sep 2023

Copyright infringement by NFTs: the Argentine perspective

Non-fungible tokens (NFTs) give rise to various points of unease for authors of artistic works. One primary concern is that the blockchain has no way of knowing if the work created is authentic, nor if the creator of the NFT is the true author of the work, or a licensed third party. This article explores copyright infringement through NFTs and preventative measures against it.
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Ojam Bullrich Flanzbaum | Argentina | 15 Sep 2023

Habeas data and transparency principle in Argentina

A recent Court of Justice judgment, FML v Chamber of Deputies of the Province of Salta, partially granted a remedy of habeas data aimed at accessing a video recording of a virtual meeting held by the Justice Committee. The habeas data is an expedited and brief court remedy that allows data subject to request the access, removal, update, correction and confidential treatment of their personal......
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Ojam Bullrich Flanzbaum | Argentina | 8 Sep 2023

New programme for transparency and personal data protection in use of artificial intelligence

Resolution No. 161/2023 of the Argentine Agency for Access to Public Information was recently published, approving the programme for transparency and personal data protection in the use of artificial intelligence (AI). This article sets out the key aspects of this resolution, as well as its action plan.
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Ojam Bullrich Flanzbaum | Argentina | 1 Sep 2023

Damages regime and habeas data actions in Argentina

A recent Court of Appeal judgment declared that the Personal Data Protection Law does not provide for a compensation for damages in the context of habeas data remedies in Argentina. In this decision, the Court of Appeal upheld the original ruling that dismissed the claim for non-pecuniary damages in a lawsuit brought under the provisions of the habeas data action.
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Ojam Bullrich Flanzbaum | Argentina | 28 Aug 2023

Copyright and Marrakesh Treaty in Argentina

The Marrakesh Treaty is part of the body of international copyright treaties administered by the World Intellectual Property Organization. Its main purpose is to enable the creation and distribution of copies of works in accessible formats for people with difficulties in accessing the text, such as the blind, visually impaired, or with other print disabilities. This article focuses on......
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Ojam Bullrich Flanzbaum | Argentina | 21 Aug 2023

Tattoos: more than just ink…

When a person reaches out to a tattoo artist and asks to be tattooed with the work of another artist (for instance The Starry Night by Vincent Van Gogh) on their skin, are there any IP rights involved in this process? Copyright over tattoos has been a matter of debate for quite some time now, because there are questions that do indeed impact ownership of these rights through a variety of......
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Ojam Bullrich Flanzbaum | Argentina | 14 Aug 2023

INPI launches public domain patent database

The National Institute of Industrial Property (INPI) recently launched a public domain patent database, which is now accessible to the public through its website. This database allows users to easily track and search for any patents that have reached the end of their legal term, and for which the applicants no longer possess exclusive rights for industrial and commercial use.
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Ojam Bullrich Flanzbaum | Argentina | 4 Aug 2023

Cybersecurity incident notification and management guide for public agencies approved

The Chief of Cabinet of Ministers (Undersecretary of Information Technology) recently issued Provision 3/2023, approving the "Guide to notification and management of security incidents" for public agencies. This provides clear guidelines for reporting and managing cybersecurity incidents, as well as recommendations based on international good practices.
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Ojam Bullrich Flanzbaum | Argentina | 28 Jul 2023

Argentine Agency for Access to Public Information discloses its Strategic Plan

Resolution No. 94/2023 of the Agency for Access to Public Information (AAPI) was recently published in the Official Gazette. This Resolution approves the AAPI's Strategic Plan which aims to establish foundations for prospective actions to be conducted during the 2022-2026 period. The plan primarily addresses citizen access to information regarding the state's actions and authorities'......
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