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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

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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New version of the Personal Data Protection Bill

By Mariano Peruzzotti y Andrea Sanchez Vicentini In February of this year, the Argentine Agency for Access to Public Information (“AAIP”) published a new version of Argentina’s Personal Data Protection Bill (“Bill”). As we commented in a previous edition of the BeNews (see here), the AAIP announced last year that it began the process of […]

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Let’s review the law of sizes: what we have, what we need.

By Abril Neiman Body stereotyping is a social problem that has serious consequences for people, everywhere. For this reason, various awareness programs try to reduce this generalized view of the human body in order to begin a process of acceptance. The law tries to combat this conflict through its legislative function, and thus in 2019 […]

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Regulations for Intellectual Property Rights of Research Sponsored by the Brazilian Government

By Rosario Mauro The Brazilian National Council of Scientific and Technological Development (CNPq) issued a new regulation regarding Intellectual Property Rights (IPRs) for research scholars. Among other issues, the regulation defines rules for identifying and disclosing IPRs, and also clarifies ownership and cost-sharing arrangements for intellectual property generated by research projects funded by CNPq. ********* […]

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Two companies fined for violating Consumer Protection Law

By Josefina Piñeiro y Andrea Sanchez Vicentini. On September 20, 2021, the Argentine Consumer Protection and Arbitration Agency (in Spanish, Dirección Nacional de Defensa Del Consumidor y Arbitraje en Consumo, “Agency”) issued the provision DI – 2021-683-APN-DNDCYAC#MDP (hereinafter, “the Provision”) against Electrónica Megatone SA and CARSA SA and imposed a fine of ARS $ 2,000,000 […]

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Uruguay implements the II Program of the Patent Prosecution (PPH) Pilot Program within the framework of the PROSUR Industrial Property Cooperation System

By Rosario Mauro. As of December 1, 2022, Uruguay implemented the II Program of the Patent Prosecution (PPH) Pilot Program  within the framework of the PROSUR Industrial Property Cooperation System, for a period of 5 years. The program allows applicants who have obtained a favorable patentability report in a PROSUR member country to benefit from […]

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The new Law on electronic or digital Prescriptions was enacted

By Abril Neiman y Josefina Piñeiro. On February 23, the National Executive Power (N.E.P.) regulated Law 27,553 on Electronic or Digital Prescriptions (hereinafter, “Law”)[1] establishing certain definitions and guidelines of interest. The purpose of the Law is to enable the prescription and sale of medicines, or other prescriptions, to be written and signed electronically or […]

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Overview of influencer legislation in Argentina

By Mariano Peruzzotti and Josefina Piñeiro. Introduction On 30 June 2020, a bill was introduced in the Argentine Congress with the aim of regulating the activity of influencers who provide digital advertising services through their social networks. The bill was not discussed in Congress within the term of two years, so it lost parliamentary status. […]

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Famous trademark fights dilution, but being FIT in class 41 fights back

By Antonella Balbo. On 7 February 2023, Chamber 3 of the National Court of Appeals in Federal Civil and Commercial Matters confirmed the administrative decision of the Argentine Trademark Office (Ar TMO) by means of which it determined that the trademarks “CROSSFIT” and “ROSFIT” are not confusingly similar, in the case “Crossfit Inc. v. Gaspe […]

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Plagiarism: Ed Sheeran’s worst nightmare

By Belén Sorrentino. Copyrights are those that protect all artistic, literary or scientific creation. In order for the creation to be protected, a minimum of originality is required and the work should reflect the author’s creative effort, even if they are unfinished or unpublished. One of the ways in which copyright can be infringed is […]

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Argentina signs the Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence

By Mariano Peruzzotti and Josefina Piñeiro. The Budapest Convention on Cybercrime (hereinafter “Convention”) is a Treaty created in 2001 and promoted by the Council of Europe. The aim of the instrument is to promote international cooperation and create a uniform legal framework between nations in order to deal with computer crime and criminal activity on […]

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Official fees 2023 – INPI Resolution N° 122/2022

By Belén Sorrentino and Sol Baudino. On December 23rd, the Argentine National Institute of Industrial Property (INPI) issued Resolution 122/2022 by means of which the official fees for the services rendered as of 01/01/2023 were modified. Among the fees modifications, there is the inclusion of a fee for the number of items of the classifier listed in […]

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A legal battle between Adidas and Thom Browne: The iconic “three stripes design” is not a sufficiently distinctive element? If so, what else is left…

By Antonella Balbo and Sol Baudino. On January 12th, 2023, the United States District Court for the Southern District of New York issued a ruling by a jury that turns out to be crucially controversial for Fashion Law. Back in July 2021, Adidas filed a claim against the U.S. designer Thom Browne for using a confusingly similar […]

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Trademark infringement beyond the territory through the use of Adwords

By Julieta Pérez Espinosa. In the recent case “GENIVER SAS C/ PODIOS SRL S/ PRECAUTIONARY MEASURES (Cause No. 10768/2021/CA1), CCCF, Chamber I”, the Court of Appeals decided to extend the scope of the precautionary measure that ordered the cease of use of the plaintiff´s trademark in the sponsored links through Adwords or keywords in the most […]

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BPTO publishes phase IV of the Patent Prosecution Highway (PPH) Program

By Rosario Mauro. The Brazilian Patent and Trademark Office (BPTO) recently published Ordinance no. 78, which implements phase IV of the Patent Prosecution Highway (PPH) pilot project and Ordinance no. 79 which rules all the other ways of expediting prosecution in Brazil. The PPH program is effective as of January 1st , 2023 and will […]

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Argentina’s Secretariat of Public Innovation creates National Blockchain Committee

By Mateo Augusto Darget and Josefina Piñeiro. On 7 December 2022, the Secretariat of Public Innovation of the Chief of Cabinet issued Resolution 17/2022, which establishes the National Blockchain Committee and approves the National Guidelines on Blockchain. Committee The committee aims to reduce costs and increase the transparency and efficiency of public services through the […]

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Increase of Consumer Protection fines

By Mariano Peruzzotti and Josefina Piñeiro. On December 1, 2022, Law No. 27,701 on the Budget of the National Administration for fiscal year 2023 (hereinafter, “Budget Law”) was approved. Article 119 of the Budget Law amended article 47 of the Consumer Protection Law (hereinafter, “CPL”). Thus, the amounts of the fines applicable for infringement of […]

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Messi or Maradona?

By Paula Galván. Just a few days after the Argentine national soccer team was crowned World Champion for the third time in Qatar, the local media rekindled the classic rivalry between stars Diego Maradona and Lionel Messi, but this time in relation to an apparent intellectual property dispute. Although the media referred to the existence […]

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Intangible Assets – Valuation of intangibles

By Sergio Queipo. 1. How much are my ideas worth? What is the valuation of intangibles? Projects are born from ideas, hence, there is always an intangible in its essence. This initial asset multiplies itself, creating many others, like trademarks, patents, industrial models, among others. These assets are usually the biggest part of a company’s […]

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Privacy – Personal Data Protection news in LATAM

By Mateo Darget and Josefina Piñeiro. In this article, we comment some of the most important developments that took place during the last few months in Latin America regarding personal data protection. (i) Ibero-American Network – On September 27, the Ibero-American Data Protection Network published the “Guide for the implementation of standard contractual clauses that can […]

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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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