Legal Update

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October

The Argentine Data Protection Authority publishes the Guidelines for the Responsible Use of Artificial Intelligence

By Mariano Peruzzotti The Agency for Access to Public Information (“AAPI”), controlling authority of the Personal Data Protection Law, has developed and published the “Guidelineslines for Public and Private Entities on Transparency and Personal Data Protection for Responsible Artificial Intelligence” (“Guidelineslines”). The Guidelines aims to ensure the responsible use of Artificial Intelligence (“AI”) and targets […]

By Natalia Montes On August 27, 2024, Decree 765/2024 was published in the Official Gazette, modifying Regulatory Decree N° 41.223/1934 under Intellectual Property Law N° 11.723. The main goal of this decree is to update the legal framework to reflect current realities by redefining the concept of “public performance,” its scope, and its adaptation to […]

By Lucía Almasqué On August 23, 2024, in re “UNILEVER NV c/ ITALOCOSMETICA SA s/ TERMINATION OF USE OF TRADEMARKS. DAMAGES AND INJURIES” (Expte. No. 97/2015), Division 1 of the Federal Court of Appeals in Civil and Commercial Matters admitted the appeal filed by Unilever and partially confirmed the district court’s judgment. Thus, it admitted […]

By Giuliana Gallo On October 12, Argentina commemorates the Day of Respect for Cultural Diversity. Decree 1584/2010 changed the name of this holiday, previously known as “Día de la Raza” (Day of the Race), with the goal of recognizing the diverse cultures that enrich our continent. It is worth mentioning and acknowledging our Indigenous peoples, […]

By Rosario Mauro On September 3, 2024, the Brazilian Patent and Trademark Office (INPI) published Ordinance INPI/DIRPA No. 14 establishing updated rules regarding the formal requirements and content of patent applications and certificates of addition and Ordinance INPI/DIRPA No. 16 revising and republishing the Guidelines for Examining Patent Applications. The changes came into force on […]

Argentine Trademark Office – INPI Resolution No. 295/2024: Key issues to consider one month after its entry into force

By Paula Galván On July 23, 2024, the National Institute of Industrial Property (INPI) issued Resolution No. 295/2024, which amends the opposition procedure established in INPI Resolution No. P-183/18. Essentially, this new Resolution has two main objectives: i) to reduce the significant backlog in the resolution of oppositions that have already been ratified by opponents; […]

By Rosario Mauro On August 28, 2024, Resolution 364/2024 was published in the Patent Bulletin, establishing that applicants of pending patent applications must confirm whether the priority claimed under the Paris Convention has been granted in the country of origin. Applicants will be notified through the Patent Bulletin and must respond within 60 calendar days. […]

By Mariana Guzman On July 8, 2024, Law No. 27,742 on “Foundations and Starting Points for the Freedom of Argentines” was published in the Official Bulletin, introducing a comprehensive modification to Law No. 19,549 on Administrative Procedures (APL) in its Chapter III. Subsequently, on August 5, 2024, the new LPA regulations were published and entered […]

By Paula Galvan and Victoria Rode Anyone who has ever heard Juan Carlos Ojam speak about his passion for intellectual property has probably had the opportunity to enjoy some of the many anecdotes and lessons he has to share. These are stories with a more personal touch, enriched by the experiences that human interactions in […]

By Mariano Peruzzotti and Andrea Sanchez Vicentini On August 19, 2024, Decree 743/2024 was published in the Official Gazette (hereinafter, “Decree”), amending Decree No. 182/2019 and authorizing the completion of procedures for issuing, renewing, and revoking digital certificates without requiring the physical presence of the applicant. The regulatory change allows Licensed Certifiers to validate applicants’ […]

Patent Prosecution Highway (PPH) in Latin America

By Rosario Mauro The Patent Prosecution Highway (PPH) is a mechanism designed to accelerate the patent examination and granting process. Through this system, an applicant who has obtained a patent in one patent office can request an accelerated examination of their corresponding application in another participating office, based on the work already carried out by […]

By Mercedes Bullrich and Mariana Guzmán The case goes back to 2018, when the Danish fast-food company Jagger Junk applied for the trademark in Europe. Musidor BV, the company that handles the Rolling Stones’ rights, opposed the application, successfully blocking it due to the similarity with the trademark “Mick Jagger”. In order to overcome this […]

Ojam Bullrich Flanzbaum launches a new podcast: “Thinking about tomorrow. A Dialogue on Law and Innovation”! In “Thinking about tomorrow” we’re going to explore the trends that are shaping our future and changing the world. If you’re intrigued by breakthroughs and motivated by change, you can’t miss it – let’s discover tomorrow today! Chapter 1: […]

On July 23, 2024, the National Institute of Industrial Property (TMO) issued Resolution 295/2024, amending the opposition procedure established by Resolution INPI No. P-183/18. This amendment, which will be in force since August 1st, 2024, introduced a new fee of ARS 8900 (approximately USD 9.62 at the current exchange rate) for applicants who wish for […]

We are excited to announce the launch of our first podcast “From A to Z: a disruptive, innovative and everyday look at Intellectual Property”! “From A to Z” is a production of MarcaSur Magazine and Ojam Bullrich Flanzbaum, hosted by Juan Carlos Ojam, Sasha Mandakovic Falconi of Falconi Puig Abogados, Joana De Mattos Siqueira of […]

Uruguay Joins the Patent Cooperation Treaty (PCT)

By Rosario Mauro We are pleased to inform that on June 11, 2024, the Senate of the Uruguayan Parliament approved Uruguay’s accession to the Patent Cooperation Treaty (PCT), completing its approval by both chambers of the Uruguayan Parliament. The accession to the PCT was approved with a reservation to Chapter II (“International Preliminary Examination”) as […]

By Lucía Almasqué On 22 May 2024, EUIPO’s Opposition Division partially upheld the opposition No. B 3197538 filed by Luis Vuitton Malletier against the trademark application “ZV (& design)”, Serial No.1883449, in classes 9, 18 and 25, based on the trademark “LV (& design)”. In other words, it refused the application for all the goods […]

By Mariano Peruzzotti and Andrea Sánchez Vicentini The Resolution 126/2024, which introduces modifications to the Do Not Call Registry and the sanctioning regime, has come into effect On May 24, 2024, Resolution 126/2024 (“Resolution”) of the Agency for Access to Public Information, the enforcement authority of the Personal Data Protection Law and the Do Not […]

By Raquel Flanzbaum In INTA’s recent annual meeting held in Atlanta, Georgia, from May 18 to May 22, 2024, I moderated a table topic on the implementation of the Madrid Protocol in Latin America, specifically in Brazil and Chile, the most recent adherents in the region. We began pointing out that the Madrid Protocol is […]

By Rosario Mauro On May 24, 2024, the Member States of the World Intellectual Property Organization (WIPO) adopted a historic treaty aimed at protecting intellectual property associated with genetic resources and traditional knowledge. This treaty will come into force after being ratified by at least 15 States. Although genetic resources found in medicinal plants, agricultural […]

Immoral and scandalous trademarks

By Diego Montanegro In the Argentine Trademark Bulletin No. 5663, it was published Provision DI-2024-141-APN-DNM#INPI, which enables the local Trademark Office (AR TMO) to object, or even reject, trademark applications, at any time during the registration proceeding, based on articles 2, paragraph “b”, and 3, paragraph “e”, of the Trademark and Trade Names Act[i]. These […]

By Mariano Peruzzotti It is crucial for companies to consider all regulations concerning security breaches approved in different jurisdictions. On April 26, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution CD/ANPD No. 15 (“Resolution”), which sets forth new guidelines for reporting security incidents. Key aspects of the Resolution Definition of a data breach: Any […]

By Ana Clara Barboza On May 11, but in 1813, the Argentine National Anthem was officially approved. The lyrics were composed by Vicente López y Planes and the Catalan pianist Blas Parera took it to the pentagram. If there is a music that unites and defines a nation, it is this one, which is why […]

By Candela Basilotta The Argentine Secretariat of Industry and Commerce has enacted Resolution No. 12/2024, a pivotal regulation that aims to enhance transparency and fairness in advertising practices. Effective from May 2024, this new mandate requires all advertisements to clearly and accessibly disclose essential information about products and services. Resolution No. 12/2024 of the Secretariat […]

On International Women’s Day, the heart of our movement beats more powerfully

By Abril Neiman The International Women’s day is not a celebration, it is a commemoration. And I do not say this out of anger at those who celebrate those women who are important in their lives and highlight their role. No, I say it simply as an invitation to introspection, to recognize that there is […]

By Raquel Flanzbaum On March 6, 2024, the Sixth Chamber of the General Court of the European Union upheld the declaration of invalidity of a Community design for shoes which belonged to the German firm Puma due to the disclosure made before the grace period by the Barbadian singer Rihanna. The case illustrates the need […]

By Mariana Guzmán and Florencia Gutierrez In December 2023, the Council and the European Parliament reached a provisional agreement on the first AI regulation. Although the law is not yet in force, this legislative framework fosters responsible innovation in Europe and represents a significant step towards regulating AI and protecting fundamental rights in a constantly […]

By Mariano Peruzzotti, Andrea Sánchez Vicentini and Candela Basilotta On January 24 of 2024, Resolution SC 48/2024 (“Resolution”) of the Secretariat of Domestic Trade was published in the Official Gazette, which updates the value of the Adjustable Unit (“AU”) used as the monetary coefficient to be applied to the fines stipulated by the Fair Trade […]

By Lucía Almasqué On February 8, 2024, in the case “Swatch AG v. Tressa Argentina S.A. on precautionary measures” (Exp. No. 14867/2023/CA1), the Argentinian Federal Court of Appeals in Civil and Commercial Matters rejected the appeal filed by Swatch AG and upheld the first instance judgment. In it, the judge denied the requested injunction on […]

By Mariano Peruzzotti and Florencia Bossero On February 8, 2024, the Federal Court of Appeals in Administrative Matters partially confirmed the decision made by the National Direction of Consumer Protection and Consumer Arbitration, while also reducing a fine imposed on the company ”PEDIDOS YA S.A.” for violations of the Consumer Protection Regime. By means of […]

B-Corp Month: We are walking towards the future

By Mariel Chichisola It has been a year since we became a certified B Corporation. This achievement was not just a destination, but the beginning of a new journey for us. In this article, we will discuss how this certification has impacted us as a firm, as professionals, and as individuals. We will also explore […]

By Juan Carlos Ojam and Camila Sirianni * * This article was published on Dial.com on October 10, 2023, elDial DC32C8 Introduction – Issue Statement In the rapidly evolving world of business, where borders are blurred by the omnipresence of the internet and networks, many may agree that legislation does not always keep up with […]

By Alicia Bravo Alzamendi “If we give the machine a program that results in it doing something interesting that we had not anticipated, I would be inclined to say that the machine has caused something, rather than claiming that its behavior was implicit in the program, and therefore that originality lies entirely in us.” Alan […]

By Paula Caraffa From March 2024, “Position trademarks” may be filed in Uruguay, among other non-traditional signs.2 This development was introduced by Resolution No. 18/2023, issued on December 11, 2023 by the National Institute of Industrial Property of Uruguay. The Resolution recognizes and regulates new types of non-traditional trademarks, including position trademarks, which are defined […]

By Mariano Peruzzotti, Candela Basilotta and Andrea Sánchez Vicentini On February 2 of 2024, Resolution 38/2024 (“Resolution”) of the Agency for Access to Public Information, the supervisory body of the Personal Data Protection Law (“AAPI”), was published in the Official Gazette. This Resolution modifies Provision 10/2015 of the previous National Directorate of Personal Data, which […]

Argentina and Uruguay once again declared adequate countries for international data transfer

By Mariano Peruzzotti, Candela Basilotta and Andrea Sanchez Vicentini On January 15, 2024, the European Commission (“Commission”) concluded its review of 11 existing adequacy decisions, including Argentina and Uruguay. In its report, the Commission finds that personal data transferred from the European Union to Andorra, Argentina, Canada, Faroe Islands, Guernsey, the Isle of Man, Israel, […]

By Mariel Chichisola and Florencia Gutierrez On December 20 th, 2023, the UK Supreme Court ruled on the recognition of artificial intelligence (AI) as a patent inventor in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks. At the center of the dispute was American innovator Stephen Thaler and his creation, an […]

By Raquel Flanzbaum The article has two main parts: (i) a brief review of the new system of nullity and cancelation action of trademark registrations, introduced by Law 27.444; and (ii) a review of the latest administrative decisions on this matter, which provides a better understanding of the position and criterion currently being adopted by […]

As from January 15, 2024, the fees corresponding to Internet domains procedures in Nic.ar have been modified, according to Resolution 5/2024 of the Legal and Technical Secretary published in the Official Gazette of the Argentine Republic. The increases are intended to keep the infrastructure necessary for the operation of the DNS in the country and the […]

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