Impact of Positive Silence on Intellectual Property
On November 1, 2024, Decree No. 971/2024 was published in the Official Gazette, introducing significant changes to administrative procedures by specifying the processes to which the principle of positive silence applies.
This principle, introduced by Law No. 27,742 on “Foundations and Starting Points for the Freedom of Argentines” through the amendment of Section 10 of Law No. 19,549 on Administrative Procedures (APL), establishes that in cases of administrative authorization, if the Administration fails to issue a decision within the specified timeframe, the request is deemed approved. This positive administrative silence has the same legal effect as a final administrative act and allows the applicant to request the issuance of the relevant certificate, registration, or authorization.
In the field of Intellectual Property, Annex II of Decree No. 971/2024 specifies the procedures where positive silence applies, including:
- The deposit and renewal of unpublished works, such as musical, non-musical, and software works.
- The registration of published works, including literary, musical, multimedia, phonograms, among others.
- Complementary registrations, such as publishers, pseudonyms, and contracts related to copyright.
- Applications for registration as an Industrial Property Agent.
Since the decree came into force on November 1, 2024, procedures managed through digital platforms, such as TAD or the specific platforms of each agency, may benefit from positive silence if no response is received within the prescribed timeframe.
The implementation of positive silence marks a significant step forward in modernizing administrative processes, aiming to streamline procedures and provide greater legal certainty to applicants. However, its practical impact will need to be closely monitored to ensure a balance between efficiency and quality in administrative decisions, safeguarding thorough evaluations of applications under this new regulatory framework.
For further information please contact mguzman@ojambf.com
