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09 April 2018

Can title of creative work benefit from trademark protection?

In Roemmers v Diamond Films, Argentina's Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title.

21 March 2018

Enforcing franchise agreements in Argentina: an overview

As part of our Asia and South America series, we provide an overview of the rules that govern the enforcement and termination of franchise agreements in Argentina.

17 March 2018

Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register.

08 March 2018

Assessing Argentina's emergency trademark law upgrade

A government-issued emergency decree is set to shake up trademark practice in Argentina. Key to its success will be how the Argentine Patent and Trademark Office manages the transition, so we analyse what practitioners should be mindful of going forward.

01 March 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

07 February 2018

Significant changes to trademark law and practice introduced

The government has issued a new executive order, effective as of January 12 2018, which contains amendments to the regulations on industrial property rights.

19 September 2017

Argentina trademark fees set to increase upwards of 50% as government attempts to curb inflation

Brand owners wishing to protect their trademark rights in Argentina should prepare for increased costs, as the country’s IP office recently implemented a two-stage set of fee rises. 

19 April 2017

Local company should have known of existence of identical foreign mark when filing application

In Germaiz SA v Bonomelli SRL and Bonomelli SRL v Germaiz SA, both parties had filed an application for the mark CUORE for goods in Class 29, and both had opposed each other’s application. The Court of Appeals found that Germaiz had acted in bad faith, as it was engaged in the same field of activity as Bonomelli and could not have ignored the existence of an identical foreign mark.

25 November 2016

Bankruptcy is not force majeure to justify non-use

The Argentine Court of Appeals has rejected a defendant's argument that a trademark's proof of use was impossible because the prior owner was in a bankruptcy proceeding which constituted a force majeure event. The court stated that bankruptcy did not constitute “an unforeseeable and unavoidable event” because if it did, insolvent parties could avoid debts by arguing force majeure.

03 August 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the WTR 1000 research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.

12 July 2016

New Civil and Commercial Code establishes rules on advertising

The new Civil and Commercial Code has established a set of basic rules on advertising, and with respect to comparative advertising it reflects the principles established by the Argentine courts.

05 July 2016

The right of publicity in Argentina

The new Argentine Civil and Commercial Code includes a person’s right to his or her own image and voice. This is the second article of a series of three which started with franchising, continues today with the right of publicity and the name of legal entities, and will conclude with the rules on advertising (particularly comparative advertising).

28 June 2016

A new Civil and Commercial Code for Argentina

In August 2015, a new Civil and Commercial Code came into force in Argentina. The new code unifies certain regulations that were contained in the former Civil Code, the former Commercial Code and in a number of the laws which supplemented them.

25 February 2016

Stay of statute of limitations for mediation no longer applies to trademark proceedings

Recent amendments have modified the Mediation Law and the Trademark Law with respect to the term within which to seek withdrawal of an opposition or otherwise to submit a dispute to mandatory mediation prior to filing a judicial complaint for a decision on the merits.

27 January 2016

Curacid prevails in complicated dispute

An interesting decision on trademark use was recently handed down in the complicated case of Curacid America Corporation v Finadiet SACIF e I (Case 2591/97) and Finadiet SACIFISA v Curacid America Corporation (Case 1326/00).