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BEYOND DEL FIRMAMENTO

BEYOND DEL FIRMAMENTO[1]. By Diego Montangero. Trademarks refer to specific goods and services. This principle of specialty restricts the scope of each trademark registration or application. However, goods and services may go beyond their specification: two trademarks can be confusingly similar even if they do not identify the same goods or services. Therefore, in cases of […]

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New regulation regarding the Supermarket Shelf regime

By Mariano Peruzzotti and Antonella Balbo. On July 8, 2021, Resolution 696/2021 (“the Resolution”) of the Secretariat of Domestic Trade was published in the Official Gazette. The Resolution complements the Supermarket Shelf Law No. 27,545 (“LG Law”, for its acronym in Spanish) providing specifications for wholesale establishments. The Resolution provides certain guidance on provisions of the LG Law, […]

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ARGENTINA’S NATIONAL BRAND – DECREE 460/2021

By Raquel Flanzbaum and Antonella Balbo. On July 14, 2021, the Argentine government issued Decree 460/2021 (“the Decree”), establishing “ARGENTINA’S NATIONAL BRAND” as an Official Brand to formalize and standardize the image of the country in the world. The key innovations of the Decree are as follows: The update of the design of the previous “ARGENTINA’S […]

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EUIPO declares invalid a figurative trademark related to Banksy’s work “Laugh Now”

By Raquel Flanzbaum and  Santiago Durañona. EUIPO declares invalid a figurative trademark related to Banksy’s work “Laugh Now”. Reasons of the decision and comments from an Argentinean law perspective On 18 May 2021, the Cancellation Division of the European Intellectual Property Office (“EUIPO”), in decision No. 39873 C, determined that the registered trademark No. 17 981 […]

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The Ministry of Health of the Province of San Juan was sanctioned for data protection violations.

By Mariano Peruzzotti and  Valentina González Medina. The Agency for Access to Public Information (hereinafter, “AAPI”), controlling authority of Personal Data Protection Law No. 25,326 (“PDPL”), initiated an investigation on security incident affecting the database associated to the site created for obtaining the travel authorizations within the Province of San Juan. This security incident exposed individual’s […]

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New Supreme Court ruling on search engine liability

By Mariano Peruzzotti and Valentina González Medina. On a split decision the Argentine Supreme Court of Justice (“SC”) recently ruled a new case on civil liability of Internet search engines. Following the criteria of the leading cases “Rodríguez” and “Gimbutas”, the SC understood that search engines are not liable for third-party generated content since it constitutes the legitimate […]

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The Madrid Protocol in Latin América: a practical perspective

By Raquel Flanzbaum. The Madrid Protocol is part of a system for registering trademarks where, on the basis on a national application, protection in a number of countries or jurisdictions that adhered to the Protocol can be obtained. That application for trademark protection is called international application, which is processed with the intervention of the World […]

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