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Legal Update 2023

Legal Update 2023

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December

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November

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October

News about Mercado Libre’s Brand Protection Program

By Belén Sorrentino. In May, Mercado Libre announced new tools for its intellectual property protection program “Brand Protection Program” (hereinafter “BPP”), applicable throughout Latin America. The first new feature is related to the BPP user’s account. The new “My account” section allows you to view the status of your intellectual property rights (active or expired) […]

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New Personal Data Protection Bill

By Andrea Sanchez Vicentini, Josefina Piñeiro, Mariano Peruzzotti and Julieta Martinez Correa. I. Current regime. In 2000 Personal Data Protection Law No. 25,326 (“PDPL”) was passed, which was subsequently regulated by Decree No. 1558/2001 and several resolutions, provisions and other regulations issued by the Argentine Agency for Access to Public Information (“AAPI”). Although no substantial […]

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Diversity And Inclusion – Age – The Silver Generation

By Raquel Flanzbaum. It is known that age is a very important factor when assessing inclusion in organizations. A lot has been said, and a lot will be said, about the generations that coexist in the labor market today: from baby boomers to centennials (or generation Z), each with its own features. it is also […]

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Is puffery lawful under the Argentine legislation?

By Paula Caraffa Morando and Josefina Piñeiro. Recently, the Brazilian Superior Court of Justice (“SCJ”) ruled on the use of exaggerations in advertising, as regards an advertisement made by Heinz, which provoked a conflict with Unilever (owner of the Hellmann’s trademark). Heinz used the phrases “Heinz, the most consumed ketchup in the world” and “Heinz, […]

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Recommendations for Artificial Intelligence implementation issued

By Andrea Sanchez Vicentini and Mariano Peruzzotti. The Cabinet of Ministers issued ethical recommendations for the implementation of Artificial Intelligence in the public sector. On June 2, 2023, Provision 2/2023 of the Undersecretariat of Information Technologies of the Cabinet of Ministers was published in the Official Gazette approving the “Recommendations for a Reliable Artificial Intelligence” […]

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We are ranked #5 in Silver Generation

We are proud to announce that we were selected in the #5 “Silver Generation” of Great Place to Work® Argentina Ranking. The “Silver Generation” includes employees over 55 years of age. It is an honor for us that people with vast work experience feel fulfilled in our firm, and consider that together we achieve a “great place to work.” […]

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WIPR Leaders 2023

We are proud to announce that our partners Mercedes Bullrich, Raquel Flanzbaum, and Juan Carlos Ojam were recognized as “Trademark and Patent Leaders” from Argentina by WIPR – World IP Review’s “WIPR Leaders 2023” directory. This is a publication that provides news and guidance on the challenges facing businesses and legal practitioners active in intellectual property. Congratulations to this team […]

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Mariano Peruzzotti joined the “Digital Policies” workshop organized by the Ministry of Foreign Affairs and Worship.

Mariano Peruzzotti, our Partner in charge of our IT & Privacy practice, attended the Argentina-United States Workshop on Digital Policy, hosted by the Argentine Ministry of Foreign Affairs. Recognized experts from ​​Argentina and the United States presented on Data Governance and Privacy, Cross-border data flow, and Artificial Intelligence. We thank the Ministry of Foreign Affairs, […]

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Leaders League – Ranking 2023

We are proud to announce that Ojam Bullrich Flanzbaum has been recognized in 7 categories of the Leaders League Ranking as one of the leaders in the Argentine market. We are honored to have received these recognitions, they motivate us to keep pushing ourselves further. In the field of Innovation, Technology, and Telecommunications, we have been acknowledged as both […]

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Major Victory for LGBTIQ+ Rights in Spain: A Landmark Law

By Abril Neiman. There is a long history of fighting for recognition of gender identity. Although it has been invisible, great progress has been made in recent decades, which has contributed to its main objective: equal treatment, rights and opportunities in the different spheres of life, without any distinction based on gender or sexuality. In […]

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The Madrid Protocol in Latin America, particularly in Brazil and Chile

By Raquel Flanzbaum. In the framework of the recent Annual Meeting of the International Trademark Association (INTA), held in Singapore from May 16 to May 20, 2023, I moderated a table topic on the Madrid Protocol in Latin America and, specifically, about the situation of this treaty in Brazil and Chile, which are the most […]

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The Agency for Access to Public Information published its 2022 activities report

By Mariano Peruzzotti, Andrea Sanchez Vicentini and Belén Sorrentino. The Agency for Access to Public Information (“Agency”) published its annual report highlighting the activities rendered during 2022. We briefly comment on the most important aspects concerning Personal Data Protection included in the report: New Personal Data Protection law bill The Agency conducted a process aimed […]

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Copyright and Marrakesh Treaty in Latin America

By Antonella Balbo. It’s been seven years since the entry into force of the Marrakesh Treaty (or hereinafter the Treaty), and yet there are more countries not implementing it than the ones who are. The Marrakesh Treaty is a tool created by the international community that forms part of the body of international copyright treaties […]

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The protection of artistic legacy as part of image rights

By Abril Neiman and Olivia Molina. Using someone’s image without authorization is a violation of that person’s image. Not only does unauthorized use cause frustration, but such images may also be used under a concept or idea that is contrary to what the person represents. A recent example is the famous Mexican artist Frida Kahlo. […]

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Ibero-American Personal Data Protection Network authorities coordinate on ChatGPT investigation

By Mariano Peruzzotti, Josefina Piñeiro and Julieta Martinez Correa. The Ibero-American Personal Data Protection Network has announced it first coordinated enforcement action to investigate ChatGPT. The investigation may cover 12 jurisdictions. The Ibero-American Personal Data Protection Network is an association of Spanish speaking countries in North, Central and South America plus Brazil, Spain and Portugal. […]

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How to avoid rebranding and the Toblerone case

By Delfina Sejas. We all know the iconic Toblerone packaging, yellow and with a mountain. For many, it is just a mountain, but in fact, the main logo of the Mondelez trademark represents a Swiss mountain known as the “Matterhorn”. Switzerland was where the U.S. company produced the well-known chocolate in the shape of “triangles”, […]

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Women and IP: innovation and science in Argentina

By Raquel Flanzbaum and Mariel Chichisola. Women do not hold places of relevance in science and innovation in the same proportion as men. This is well known and widely discussed, and it is difficult to change this situation. The ongoing debate about the ability of legislative change to produce social transformation is interesting. Is it […]

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Summary of the article “Apuntes sobre la modernización de la Ley de Marcas” (Notes on the modernization of the Trademark Law), published in the Industrial Property Supplement – elDial.com, on April 18, 2023. Author: Juan Carlos Ojam.

The author comments on the main issues that, in his opinion, should be updated in the Argentine Trademark Law (Law No. 22,362[1], enacted December 26, 1980 and amended in 2018 by the decree of necessity and urgency No. 27/2018 on “Debureaucratization and simplification”[2], subsequently ratified by Law No. 27,444 on “Simplification and Debureaucratization for the […]

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Argentina is now a party to the Convention 108+ of the Council of Europe

By Andrea Sanchez Vicentini, Josefina Piñeiro and Mariano Peruzzotti. On April 17th, Argentina became the 23rd State to ratify the Convention 108+ of the Council of Europe. In a ceremony held during the opening of the Privacy 2023 Symposium devoted to the Treaty, the Director of the Agency of Access to Public Information of Argentina, […]

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Can functional shapes be protected under copyright?

By Antonella Balbo. Copyright law is essential for protecting creative works such as literary, artistic, and musical works. However, is copyright an option to protect functional shapes, when they can no longer be protected under industrial property law? When an invention complies with the requirements of novelty, inventive step, and industrial applicability, providing a new […]

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Top 250 Women in IP

We are proud to announce that our partner, Mercedes Bullrich, has been recognized as one of the ‘Top Women in IP’ for the fifth time by Managing IP. This year she is the only woman in Argentina receiving this achievement, a testament to her outstanding leadership and exceptional skills. Congratulations to Mercedes and to every woman recognized, […]

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Managing IP Awards 2023

Ojam Bullrich Flanzbaum was named “Argentina’s Firm of the Year”, and Juan Carlos Ojam, our Managing Partner, “LatAm’s Best Practitioner of the Year”, at the 18th edition of the prestigious Managing IP Awards, which took place this April 27th at Essex House, New York. These awards recognize the firms and individuals behind the year’s most innovative and challenging work […]

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Our Firm is now a Certified B Corporation

We are a B Corporation. We are proud to have been certified as a B Corporation by B Lab, the prestigious US-based nonprofit global organization, and we take this on with the responsibility required of us as true agents of change. Juan Carlos Ojam, our company’s managing partner mentions: “The goal of joining this global […]

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September

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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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