Legal Update 2023

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December

National 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 […]

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 […]

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 […]

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 […]

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 […]

Regulation 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 […]

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 […]

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 […]

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. […]

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 […]

On International Women’s Day, the heart of our movement beats more powerfully

By Abril Neiman The International Women’s day is not a celebration, it is a commemoration. And I do not say this out of anger at those who celebrate those women who are important in their lives and highlight their role. No, I say it simply as an invitation to introspection, to recognize that there is […]

By Raquel Flanzbaum On March 6, 2024, the Sixth Chamber of the General Court of the European Union upheld the declaration of invalidity of a Community design for shoes which belonged to the German firm Puma due to the disclosure made before the grace period by the Barbadian singer Rihanna. The case illustrates the need […]

By Mariana Guzmán and Florencia Gutierrez In December 2023, the Council and the European Parliament reached a provisional agreement on the first AI regulation. Although the law is not yet in force, this legislative framework fosters responsible innovation in Europe and represents a significant step towards regulating AI and protecting fundamental rights in a constantly […]

By Mariano Peruzzotti, Andrea Sánchez Vicentini and Candela Basilotta On January 24 of 2024, Resolution SC 48/2024 (“Resolution”) of the Secretariat of Domestic Trade was published in the Official Gazette, which updates the value of the Adjustable Unit (“AU”) used as the monetary coefficient to be applied to the fines stipulated by the Fair Trade […]

By Lucía Almasqué On February 8, 2024, in the case “Swatch AG v. Tressa Argentina S.A. on precautionary measures” (Exp. No. 14867/2023/CA1), the Argentinian Federal Court of Appeals in Civil and Commercial Matters rejected the appeal filed by Swatch AG and upheld the first instance judgment. In it, the judge denied the requested injunction on […]

By Mariano Peruzzotti and Florencia Bossero On February 8, 2024, the Federal Court of Appeals in Administrative Matters partially confirmed the decision made by the National Direction of Consumer Protection and Consumer Arbitration, while also reducing a fine imposed on the company ”PEDIDOS YA S.A.” for violations of the Consumer Protection Regime. By means of […]

By Mariel Chichisola It has been a year since we became a certified B Corporation. This achievement was not just a destination, but the beginning of a new journey for us. In this article, we will discuss how this certification has impacted us as a firm, as professionals, and as individuals. We will also explore […]

By Juan Carlos Ojam and Camila Sirianni * * This article was published on Dial.com on October 10, 2023, elDial DC32C8 Introduction – Issue Statement In the rapidly evolving world of business, where borders are blurred by the omnipresence of the internet and networks, many may agree that legislation does not always keep up with […]

By Alicia Bravo Alzamendi “If we give the machine a program that results in it doing something interesting that we had not anticipated, I would be inclined to say that the machine has caused something, rather than claiming that its behavior was implicit in the program, and therefore that originality lies entirely in us.” Alan […]

By Paula Caraffa From March 2024, “Position trademarks” may be filed in Uruguay, among other non-traditional signs.2 This development was introduced by Resolution No. 18/2023, issued on December 11, 2023 by the National Institute of Industrial Property of Uruguay. The Resolution recognizes and regulates new types of non-traditional trademarks, including position trademarks, which are defined […]

By Mariano Peruzzotti, Candela Basilotta and Andrea Sánchez Vicentini On February 2 of 2024, Resolution 38/2024 (“Resolution”) of the Agency for Access to Public Information, the supervisory body of the Personal Data Protection Law (“AAPI”), was published in the Official Gazette. This Resolution modifies Provision 10/2015 of the previous National Directorate of Personal Data, which […]

We are thrilled to announce that we have been selected as one of the firms “pioneers in the IP arena” in the World Trademark Review WTR 1000 2024 Guide. This recognition fills us with pride and motivates us to continue improving and providing excellent service. “The boutique law firm Ojam Bullrich Flanzbaum has been at the forefront […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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!

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September

New program for transparency and personal data protection in the use of Artificial Intelligence

Written by Mariano Peruzzotti and Josefina Piñeiro On September 4th, 2023, Resolution No. 161/2023 (hereinafter “Resolution”) of the Argentine Agency for Access to Public Information (hereinafter, “AAPI”) was published in the Official Gazette, approving the Program for transparency and personal data protection in the use of Artificial Intelligence (hereinafter, the “Program”). The main purpose of […]

Written by abalbo@ojambf.com The trademarks world is in constant dispute, where brand identity and trademark registration intertwine in a sort of never-ending legal battle. In this sense, Chamber No. I of the Federal Civil and Commercial Court of Appeals witnessed a case[1] where a famous water company called ECO DE LOS ANDES applied for a […]

Written by Mariano Peruzzotti, Julieta Martinez Correa and Josefina Piñeiro In the decision “La Rocca, Vicente José c/ Cencosud S.A. s/ Habeas Data (art. 43, CN)”, Division I of the Court of Appeals in Civil and Commercial matters (“Court of Appeal”) upheld the original ruling that dismissed the claim for non-pecuniary damages in a lawsuit […]

Written by Belén Sorrentino In 2019, a first-instance judge ordered Club Atlético All Boys to pay $42,000 (USD 120.86 at the official exchange rate) to SADAIC for the use of music without SADAIC’s authorization in two events, which fell under SADAIC´S category “meals with show”[1]. SADAIC had filed the lawsuit because the club had not […]

Written by Florencia Gutiérrez and Mariel Chichisola Society and technology are advancing exponentially. Artificial Intelligence (AI) is on its way to becoming a fundamental tool for addressing concerns and performing tasks, whether they are work-related, academic, or even for entertainment purposes. What does artificial intelligence mean? Artificial intelligence encompasses several different techniques. One of the […]

Regulation of the Federal Digital Medical Records Program

Written by Josefina Piñeiro On February 28th, 2023, Act No. 27.706 (hereinafter, the “Act”) creator of the “Federal Single Program of Computerization and Digitization of Medical Records of the Argentine Republic” (hereinafter, the “Program”). On July 31th this year, Executive Order No. 393/2023 (hereinafter, the “Executive Order”). It specifies the most relevant aspects of the […]

By Mariano Peruzzotti, Andrea Sanchez Vicentini and Josefina Piñeiro. On July 4th, 2023, the Chief of Cabinet of Ministers (Undersecretary of Information Technology) issued the Provision 3/2023 (the “Provision”) by which the “Guide to notification and management of security incidents” was approved (the “Guide”) for public agencies. The Guide is based on international documents related […]

By Mariano Peruzzotti and Julieta Martinez Correa. On May 25, 2023, Resolution No. 94/2023 of the Agency for Access to Public Information (“AAPI”) was published in the Official Gazette, approving the Strategic Plan of said organization (the “Plan”). The purpose of the Plan is to establish the foundations for the prospective actions to be conducted […]

By Julieta P. Espinosa. On June 30, 2023, in Uruguay, the Executive Power sent to the Legislative Power the Bill of Accountability and Budget Execution Balance corresponding to the 2022 financial year. The norm consists of 442 articles, throughout which modifications are introduced, as well as new regulations, regarding various matters. Some of the proposals […]

By Camila Sirianni and Antonella Balbo. When a person reaches out to a tattoo artist and asks to be tattooed the work of another artist, for instance “The Starry Night” by Vincent Van Gogh, on their skin, are there any intellectual property rights involved in this process? Are there rights infringed when a person wants […]

By Abril Neiman. New technologies and social media have revolutionized the world of marketing and advertising. As a result, users are constantly exposed to a massive amount of commercial advertising. In particular, today’s advertisements do not necessarily come directly from the company, but through a new and growing figure: the influencers. We may define an […]

The National Institute Of Industrial Property (INPI) Launches A Public Domain Patent Database

By Rosario Mauro and Antonella Balbo. The National Institute of Industrial Property (INPI) has recently launched a Public Domain Patent Database, which is now accessible to the public through its website. This database allows users to easily track and search for all those Patents that have reached the end of their legal term, and for […]

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) […]

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 […]

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 […]

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, […]

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” […]

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 […]

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 […]

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 […]

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 […]

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. […]

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. […]

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”, […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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. ********* […]

By Josefina Mortola y Sol Baudino As we all know, Mickey Mouse is the world’s most famous mouse and cartoon character. Not only that, but Mickey’s association with Disney is instantaneous, both for consumers and the general public. We all know that the famous mouse propelled Walt Disney and his company to great heights in […]

By Sol Baudino and Paula Caraffa Morando Changes in the different areas of our society are happening abruptly, and the art and fashion industries are not immune to this wave of transformations. One of the latest developments is the use of Blockchain technology in the art and fashion world, which allows the authentication of works […]

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 […]

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 […]

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 […]

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. […]

By Abril Neiman. In July 2022, Chamber No. III of the Federal Civil and Commercial Court ruled on the merits of the case “WESTROCK SHARED SERVICES LLC AGAINST WEST PHARMACEUTICAL SERVICES INC ABOUT THE ADMINISTRATIVE APPEAL”, doing a final comparison between the trademarks at hand, exercising its review function of the administrative decision. Before we […]

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 […]

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 […]

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 […]

Changes in Brazil’s Patent Application Process and Latest Updates on PPH Program for 2024

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Legal Update 2023