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Legal Update 2023
December
November
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October
Changes in Brazil’s Patent Application Process and Latest Updates on PPH Program for 2024
By Rosario Mauro We are pleased to inform you about significant changes taking place at the Brazilian Patent Office (BPTO) to expedite the study of patent applications. Changes in the criteria for the order of examining Patent Applications: Starting January 1, 2024, the BPTO will prioritize the examination of patent applications based on the date […]
read moreArgentina 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, […]
read moreUK court rejects AI as inventor of patents.
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 […]
read moreReview of the Argentine Trademark Office’s note about new decisions on nullity and cancelation actions of trademark registrations, published in La Ley on November 27, 2023.
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 […]
read moreNew NIC.AR official fees
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 […]
read moreOjam Bullrich Flanzbaum appoints Paula Galván as partner.
The law firm specializing in Intellectual Property, Ojam Bullrich Flanzbaum, has appointed Paula Galván as a partner, who has been part of the team of this company since February 2021. Paula is a lawyer graduated from the University of Buenos Aires and an Industrial Property Agent. As a result of her successful career, she is […]
read moreNational brand: The identity of a country before the world
By Julieta Pérez Espinosa What is a National Brand? In a world as globalized as the one we live in, the national brand was born as a need to create a country’s own identity in front of the world. Therefore, the national brand is more than a trademark, it is a strategy to capitalize on […]
read moreThe 25th of November: International Day for the Elimination of Violence against Women
By Abril Neiman A bit of history The history of this date goes back to 1960 in the Dominican Republic, when the Mirabal sisters – three political activists – were murdered by the dictatorial government of that time. Two decades later, in 1981, in Bogotá, Colombia, the Latin American feminist movement called women to a […]
read morePosition trademarks: the legal challenge of protecting distinctive designs in a visually driven world
The referenced image is noThe referenced image is not copyrighted, and is included with the intention of referring to the original Christian Louboutin shoes and its iconic red sole as a position trademark par excellence. In which case, if they are not original products, we reiterate the need for protection of these marks by condemning […]
read moreThe ruling which held that the enforcement of a patent does not constitue per se an undue restraint of competition is now final
By Raquel Flanzbaum y Antonella Balbo The ruling of Chamber 1 of the National Court of Appeals in Federal Civil and Commercial Matters dated June 14, 2022, which had confirmed a decision of the Secretary of Domestic Trade closing the file on a complaint for predatory practices brought by Tuteur S.A. (Tuteur) against Millennium Pharmaceuticals […]
read moreNews about privacy in LATAM
By Mariano Peruzzotti, Candela Basilotta and Andrea Sánchez Vicentini In this article we report the most relevant developments that took place in Latin America on personal data protection recently. (i) Brazil · Public consultation on model clauses: The National Authority for the Protection of Personal Data of Brazil (hereinafter, “ANPDP”) published on August 15 the […]
read moreMariano Peruzzotti appointed member of IAPP Education Advisory Board
We congratulate our partner, Mariano Peruzzotti, who has been appointed as a member of the Education Advisory Board of IAPP – International Association of Privacy Professionals and as co-chair of the Buenos Aires Chapter of the KnowledgeNet of that association. IAPP is the most important global privacy community in the world, this recognition is such an honour!
read moreWe have launched our first free webinar
On November 29 we launch the first of what will be a series of free webinars oriented to think about the world of intellectual property, trademarks, patents, data protection, among other topics. “Navigating the Argentine Trademark Regulation: the use requirement and expiration”, a tour of the Argentine regulations and comparative law in relation to the use […]
read moreMagdalena Saénz Lavalle recognized by Chambers D&I Report: Latin America 2023
So proud of our colleague Magdalena Sáenz Lavalle! Her “Individual Profile” was included in the Chambers D&I Report: Latin America 2023. This annual report on D&I in Latin America offers a close look at the most innovative and impactful initiatives presented through a selection of case studies and individual profiles. The report highlights the main trends […]
read moreRegulation 2023 351 APN INPI#MEC – New INPI official fees
By Ojambf New Official Fees On October 26, 2023, the Argentine National Institute of Industrial Property (INPI) issued Regulation No. 2023-351, announcing the modification of official fees effective as from December 1, 2023. In general terms, the new fees represent a significant increase, ranging from 200% to 400% in comparison to the current fees. Regarding […]
read moreReview of the article “Reflecting on the concept of trademark use as a requirement for the preservation of a registration”, published in the Industrial Property Supplement – elDial.com, October 10, 2023.
By Juan Carlos Ojam and Camila Sirianni Firstly, the authors highlight the challenges faced by participants in the Intellectual Property (IP) world due to changes brought by the omnipresence of the Internet and social networks, leading to the distortion of national borders. In this new context, the article addresses one of the main challenges in […]
read moreArgentina – News on cross border data transfer.
By Candela Basilotta and Mariano Peruzzotti On October 13th Resolution 198/2023 of the Argentine Agency for Access to Public Information, controlling authority of the Personal Data Protection Law (“Agency”) was published in the Official Gazette. This Resolution recognizes the Standard Contractual Clauses (“SCC”) drafted by the Ibero-American Data Protection Network (“Network”) as a valid mechanism […]
read moreOpenAI in a legal labyrinth: lingering lawsuits and uncertainty in the copyright field.
By Mariel Chichisola and Florencia Gutiérrez On June 28th, 2023, writers Mona Awad and Paul Tremblay filed a lawsuit in San Francisco Federal Court (Case 3:23-cv-03223) alleging copyright infringement by ChatGPT. They argued that the AI creates “highly accurate summaries” of their works, and point to such use as unauthorized use of their intellectual property. […]
read morePossible changes to the sanction’s regime in Argentina
By Andrea Sánchez Vicentini, Candela Basilotta and Mariano Peruzzotti The 2024 Budget Bill Recently, the National Congress began the debate on the Budget Bill for the period 2024 introduced by the Executive Branch (the “Budget Bill”). Unexpectedly, the Budget Bill includes an amendment to Personal Data Protection Law No. 25,326 (the “PDPL”) on the sanction’s […]
read moreWe were recognized by The Legal 500 – 2024
We are very proud to announce that our firm was recognized by The Legal 500 (Legalease) as Tier 2 in Intellectual Property and Tier 4 in TMT. This recognition has behind our immense team that works with dedication, enthusiasm and professionalism. Congratulations to Juan Carlos Ojam, Raquel Flanzbaum, Paula Caraffa Morando for their individual recognitions within the ranking: Juan Carlos Ojam […]
read moreUse Of A Third Party’s Trademark In A Parodic Tone
By Camila Sirianni. Law 22.362 establishes that the owner of a registered trademark is the sole owner of its exclusive rights (Section 4[1]), having the power to use or authorize its use by third parties. It also imposes penalties for anyone who uses a registered trademark without the owner’s authorization (Section 31, paragraph b[2]). There […]
read moreNIC´s guiding criteria for the resolution of Internet domain disputes
By Julieta Espinosa Through the Provision 187/2023 of the National Directorate of Internet Domain Registry (NIC Argentina), it was established the guiding criteria used by analysts for the resolution of disputes regarding registrations of Argentine Higher Level Internet domain names (.AR). The Internet domain registration dispute consists in the process initiated before NIC Argentina through […]
read moreNew Geographical Indication for Chubut. Viticulture. Comment on Resolution 9/2023 issued by the NIV.
By Amalia Prieto and Antonella Balbo In the heart of Patagonia near the border with Santa Cruz, in the province of Chubut along the shores of the Lake Musters, lies 51 hectares of vineyards belonging to Otronia Winery. These vineyards have now become a new Geographical Indication (GI) for the Argentine wine industry, known as […]
read moreIn the month of cultural diversity, we comment on the influence of Artificial Intelligence.
By Abril Neiman The 12th of October is historically recognized as the day of race. Today, however, it is known by a name more appropriate: We commemorate the Day of Respect for Cultural Diversity, because society, as a whole, need to recognize and appreciate the different cultures that enrich our world. However, it is well […]
read moreSeptember
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August
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July
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June
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May
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April
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March
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February
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