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Legal Framework: Intellectual Property

Trademarks are protected in Argentina by the Argentine Trademark Law No. 22362. The Argentine Trademark Law defines which items can be registered as a trademark (among others and with certain limitations, one or more words with or without conceptual meaning, drawings and images).

Such Law states that a registered trademark is effective for a 10-year term. The term can be extended indefinitely for periods of 10 years each if the trademark has been used within the 5-year period prior to lapsing, in the marketing of a product, in the rendering of a service or as part of the identification of an activity.

The lapse of trademark registration is 5 years, i.e., the registration of a trademark may be declared lapsed if the trademark was not used within 5 years before the date when the application for such declaration is filed.

Patent protection in Argentina is governed by Law No. 24481 as well as by the 1883 Paris Convention for the Protection of Industrial Property.

According to the Law, patents can be granted for a 5-, 10- or 15-year period in accordance with the merit of the invention and the intention of the person applying for the registration. Furthermore, the ratification of a foreign patent is issued for a 10-year period, but in no case shall such ratification exceed the term granted to the original patent, and it shall terminate with it.

The registration of a patent lapses after 2 years for which it has not been used.

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