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Legal Update 2023
December
November
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October
Trademarks – Liability of Internet intermediaries
By Belén Sorrentino. A recent decision of the National Civil Court of the City of Buenos Aires highlighted the importance of intellectual property protection programs provided by e-commerce platforms. These programs are an essential tool in any corporate policy to fight against trademark infringement and other intangible assets. The case “Maradona Villafañe, Dalma Nerea and others […]
read moreTrademarks – The Madrid protocol in Latin America: what the present holds for us: Brazil and Chile
By Raquel Flanzbaum. In the expansion of the Madrid Union in Latin America, there are two milestones: first, the accession of the United States of America, where the Protocol entered into force in 2003, and secondly the adoption of Spanish as a working language, which came into force on April 1st, 2004, as this would make […]
read moreTaxes – Chile – Professional services will be subject to VAT
By Josefina Piñeiro. As from January 1, 2023, all professional services in Chile will be subject to VAT (Value Added Tax) unless they are expressly exempted, such as education, health, transportation, taxpayers who issue charge slips and professional societies. Therefore, professional services, technical advisory and consulting services will be subject to VAT. For further information please […]
read moreDiversity – October 12th: a day to reflect on cultural diversity
By Abril Neiman. Every year, in October, in Latin America we commemorate a date of great meaning for our culture, although few people really understand the significance of this holiday. For this reason, we take this opportunity to highlight the history of the 12 of October -specially in Argentina- and reflect on the concept of cultural […]
read moreCopyright – Plagiarism is avoidable
By Delfina Sejas and Julieta Pérez Espinosa. Plagiarism and misuse of other people’s works has always existed, but today these crimes seem to be commonplace. The biggest challenge authors face is proving plagiarism and proving who is the true owner of the work. On this occasion, we bring you some practical legal advice to strengthen […]
read morePatents – New decision from the Brazilian Supreme Court in favor of Patent Term Adjustment (PTA) cases
By Antonella Balbo y Rosario Mauro. Last November 16, the Brazilian Supreme Court issued a favorable decision on behalf of patent holders regarding patent term adjustment in Brazil, due to the BPTO’s unreasonable delay to study patent applications. It should be recalled that as a result of the Direct Plea of Unconstitutionality 5,529 (ADI) filed […]
read moreIndustrial design – Brazil opens a Public Consultation on the 2nd edition of the Industrial Design Manual
By Antonella Balbo y Rosario Mauro Last Monday, November 7, 2022, the Brazilian Patent Office (BPTO) opened a Public Consultation regarding the 2nd edition of the Industrial Design Manual, aiming to receive suggestions from the public. BPTO Public Consultation No. 02/2022, published in the Brazilian Official Gazette refers to chapters 2 (“What is considered an […]
read moreWe were recognized as “Firm to Watch” in the ranking “Legal 500 Latin America 2023 – TMT – Argentina”
Ojam Bullrich Flanzbaum was recognized as “Firm to Watch” in the “Legal 500 Latin America 2023” ranking for TMT (Technology, Media & Telecoms) in Argentina. We thank our collaborators, clients and The Legal 500 (Legalease) for this recognition! 🔗You can access our firm’s profile here: https://bit.ly/3F0GoH4
read moreWe were recognized in TIER 2 in the “Legal 500 Latin America 2023 – Intellectual Property – Argentina”
Ojam Bullrich Flanzbaum was recognized in TIER 2 in the “Legal 500 Latin America 2023” ranking for Intellectual Property in Argentina. We thank our collaborators, clients and The Legal 500 (Legalease) for this recognition! 🔗You can access our firm’s profile here: https://bit.ly/3F0GoH4
read moreDiversity – October 12th: a day to reflect on cultural diversity
By Abril Neiman. Every year, in October, in Argentina we commemorate a date of great meaning for our culture, although few people really understand the significance of this holiday. For this reason, we will try to explain the history of the 12 of October. In our country, the story goes back to the year 1917, when […]
read moreLabelling – ANMAT Provision 6924/2022
By Mateo Darget. On August 26, 2022, Provision No. 6924/2022 (“Provision”) of the National Administration of Medicines, Food and Medical Technology (“ANMAT”, for its acronym in Spanish) was published in the Official Gazette. This Provision regulates advertising aspects related to the regime of Law No. 27,642 on the Promotion of Healthy Eating, its Regulatory Decree No. […]
read morePatents – The enforcement of a patent does not constitute per se an undue restraint of competition
By Raquel Flanzbaum and Antonella Balbo On June 14, 2022, Chamber 1 of the National Court of Appeals in Federal Civil and Commercial Matters (case No. 7344/2020) confirmed a decision of the Secretary of Domestic Trade that had closed the file on a complaint for predatory practices brought by Tuteur S.A. against Millennium Pharmaceuticals and Janssen Cilag […]
read moreTrademarks – The burden of proof in precautionary proceedings
By Josefina Piñeiro. In the ruling, Second Division of the Federal Court of Appeals in Civil and Commercial Matters analyzed whether the precautionary measure requested by the firm Giorgetti & Bruno SRL was appropriate or not. The plaintiff would have based the measure on an alleged transfer of ownership of the mixed sign “Los Totora” […]
read moreTechnology and Privacy – News about international transfers of personal data
By Josefina Piñeiro and Mateo Darget. Summary: In this article, we comment on the different developments that have emerged in recent months regarding international transfers of personal data. In recent months, two important developments have occurred regarding international transfers of personal data. On the one hand, US President Joe Biden signed the Executive Order called […]
read moreTrademarks – The importance of expressing grievances
By Belén Sorrentino and Sol Baudino. The Federal Civil and Commercial Court upheld the decision of the lower court, which rejected the claim filed by Mr. Diego Ezequiel Méndez seeking the revocation of the Resolution of the National Institute of Industrial Property (INPI by its acronym in Spanish). The resolution refused the trademark application for […]
read moreQatar 2022 and Ambush Marketing
Is your organization setting up an advertisement referring to the World Cup? Companies that may want to be associated with the World Cup should pay attention to the possible legal contingencies.Therefore, in this video, we will talk about #AmbushMarketing. At Ojam Bullrich Flanzbaum we have extensive experience in the matter. Contact us for more information!
read moreThe Argentine Supreme Court did not grant a request for the right to be forgotten
We share with you an article written by our partner Mariano Peruzzotti that was published in a supplement of La ley Privacidad.
read moreDiversity & Gender – What the pandemic left us and what we have learned
By Raquel Flanzbaum. Gender tells a lot about how important D&I really is for an organization. Although it is not the only factor to consider (as ethnicity, age, culture, disability and sexual orientation are other tools of analysis), in these post-pandemic days it is useful to review the gender issue in organization and what changes, […]
read morePrivacy – New Argentine draft bill on personal data protection
By Mariano Peruzzotti. A new draft bill on personal data protection (“Draft Bill”) was officially released on September 12, 2022, and individuals and organizations may submit their comments to the text until September 30. On August 2022, the Argentine Agency of Access to Public Information, supervisory authority of the Argentine Data Protection Law (“DPA”), has initiated […]
read moreTrademarks – The HEPATIC trademark: a ‘strike’ on the applicant’s liver
By Abril Neiman and Camila Sirianni. The Federal Civil and Commercial Court of Appeals confirmed the First Instance decision that declared the non-registrability of the descriptive trademark HEPATIC, and rejected the cancellation action on grounds of lack of use over the opponent’s trademark LORHEPATIC. After seven years, Chamber II of the Court of Appeals declared […]
read moreIT – Court of Appeals orders removal of videos with intimate material within 48 hours
By Andrea Sanchez Vicentini and Mateo Darget. The Chamber M of the Court of Appeals ordered the defendant to delete from all his devices the videos containing intimate material of the victim within 48 hours of notification. The plaintiff filed a complaint against her ex-partner at the Office of Domestic Violence (hereinafter “ODV”). There she […]
read moreCopyright – “Not So Magical” Misuse
By Julieta Pérez Espinosa. In the recent case “Marketing Externo SA c. Telecom Personal SA s/ Damages” (File No. 23,837/2017) dated August 10, 2022, Chamber G of the National Court of Civil Appeals confirmed the sentence that admitted the claim for damages, for the unauthorized use of the song “Magic City” from “Tan Bionica” in an […]
read moreTrademarks – Qatar 2022 and Ambush Marketing
By Delfina Sejas, Andrea Sanchez Vicentini and Mateo Darget. We are weeks away from the beginning of a new soccer World Cup, an event that draws the attention of millions of people around the world. Qatar 2022 will host the 22nd edition of the FIFA World Cup. On several occasions, companies develop advertising campaigns related […]
read moreOur partner Mariano Peruzzotti will moderate a session of a PrivacyRules´ webinar
Our partner Mariano Peruzzotti will moderate Session 1: “Agility v. vulnerabilities and privacy requirements” of PrivacyRules‘ Live Webinar “Fintech in LATAM: where growth meets compliance & security”, together with well-recognized speakers from all over the region. Date: September 28, 2022, at 9 am COT. Register at:https://bit.ly/3QK91edhttps://bit.ly/3Qcnu24 Session 1: FinTech in LatAm: agility v. vulnerabilities and privacy requirements Moderator:• Mariano […]
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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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