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Legal Update 2023

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 […]

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News about privacy in LATAM

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 […]

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November

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 […]

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Review of the article “Reflecting on the concept of trademark use as a requirement for the preservation of a registration”, published in the Industrial Property Supplement – elDial.com, October 10, 2023.

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 […]

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Argentina – News on cross border data transfer.

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 […]

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Possible changes to the sanction’s regime in Argentina

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 […]

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October

Ojam Bullrich Flanzbaum appoints Belen Recchini as partner

Ojam Bullrich Flanzbaum, has appointed Belen Recchini as its new partner, starting July 2024. Belen has been part of the company’s team since February 2018. Belen is a lawyer graduated from the University of Buenos Aires (UBA) and holds a Master’s degree in Intellectual Property from the Latin American Faculty of Social Sciences (FLACSO). With […]

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Uruguay Joins the Patent Cooperation Treaty (PCT)

By Rosario Mauro We are pleased to inform that on June 11, 2024, the Senate of the Uruguayan Parliament approved Uruguay’s accession to the Patent Cooperation Treaty (PCT), completing its approval by both chambers of the Uruguayan Parliament. The accession to the PCT was approved with a reservation to Chapter II (“International Preliminary Examination”) as […]

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News about privacy in Argentina

By Mariano Peruzzotti and Andrea Sánchez Vicentini The Resolution 126/2024, which introduces modifications to the Do Not Call Registry and the sanctioning regime, has come into effect On May 24, 2024, Resolution 126/2024 (“Resolution”) of the Agency for Access to Public Information, the enforcement authority of the Personal Data Protection Law and the Do Not […]

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Once again our study is “Bronze” in the IAM Patent 1000 2024 ranking

Juan Carlos Ojam, Raquel Flanzbaum and Rosario Mauro were recognized as “recommended individuals” by the IAM Patent 1000 2024 ranking. In addition, our firm was once again ranked as “Bronze” for both “Litigation and Transactions” and “Prosecution”. IAM Patent 1000 is considered the main resource for those seeking top-tier patent experts in private practice. This recognition […]

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We are Tier 2 in the IP Stars 2024

Once again we are Tier 2 in the IP STARS (Managing IP) Ranking in the Trademarks category. Another recognition that adds to our work. IP STARS is the leading specialist guide for companies or individuals looking for experienced legal practitioners to deal with contentious and non-contentious intellectual property issues. Thanks to all our team, this […]

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Raquel Flanzbaum and Mariel Chichisola were recognized by WIPR Diversity 2024

Our partners, Raquel Flanzbaum and Mariel Chichisola were recognized by WIPR Diversity 2024. Mariel was chosen as one of the “50 Most Influential Women in IP”, which honors outstanding women in the IP field; and Raquel as a “Diversity Champion”, which honors individuals who champion equality, diversity and inclusion in the IP field. Both are […]

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We have once again been certified as a Great Place to Work!

We are proud and grateful to announce that we have once again been certified as a Great Place to Work! We would like to express our most sincere thanks to each of our employees for their energy, commitment and collaboration. Ya van cuatro años que obtenemos este reconocimiento, y sabemos el esfuerzo que hay detrás. […]

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Immoral and scandalous trademarks

By Diego Montanegro In the Argentine Trademark Bulletin No. 5663, it was published Provision DI-2024-141-APN-DNM#INPI, which enables the local Trademark Office (AR TMO) to object, or even reject, trademark applications, at any time during the registration proceeding, based on articles 2, paragraph “b”, and 3, paragraph “e”, of the Trademark and Trade Names Act[i]. These […]

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Data breaches: New regulation in Brazil and the importance of implementing robust protocols.

By Mariano Peruzzotti It is crucial for companies to consider all regulations concerning security breaches approved in different jurisdictions. On April 26, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution CD/ANPD No. 15 (“Resolution”), which sets forth new guidelines for reporting security incidents. Key aspects of the Resolution Definition of a data breach: Any […]

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May 11, National Day of the Musical Author and Composer

By Ana Clara Barboza On May 11, but in 1813, the Argentine National Anthem was officially approved. The lyrics were composed by Vicente López y Planes and the Catalan pianist Blas Parera took it to the pentagram. If there is a music that unites and defines a nation, it is this one, which is why […]

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Important Update on Advertising Regulations: Argentina’s Resolution No. 12/2024

By Candela Basilotta The Argentine Secretariat of Industry and Commerce has enacted Resolution No. 12/2024, a pivotal regulation that aims to enhance transparency and fairness in advertising practices. Effective from May 2024, this new mandate requires all advertisements to clearly and accessibly disclose essential information about products and services. Resolution No. 12/2024 of the Secretariat […]

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The “Rihanna Case” and the risks of untimely disclosure

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 […]

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Advances and Challenges: The New European Artificial Intelligence Law

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 […]

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Increase on the value of fines under Argentine Fair Trade legal framework

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 […]

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B-Corp Month: We are walking towards the future

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 […]

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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 […]

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A trademark in its path to the logic

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 […]

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Compensation for damages regime and habeas data actions in Argentina

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 […]

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1, 2, 3, Testing

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 […]

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Artificial Intelligence and Copyright

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 […]

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August

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 […]

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The “Cybersecurity Incident Notification and Management Guide” for public agencies was approved

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 […]

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Argentine Agency for Access to Public Information disclose its Strategic Plan

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 […]

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A tattoo, more than just ink…

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 […]

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New French regulation on influencers’ activity

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 […]

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July

News about Mercado Libre’s Brand Protection Program

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) […]

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New Personal Data Protection Bill

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 […]

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Diversity And Inclusion – Age – The Silver Generation

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 […]

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Is puffery lawful under the Argentine legislation?

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, […]

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Recommendations for Artificial Intelligence implementation issued

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” […]

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June

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 […]

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The Madrid Protocol in Latin America, particularly in Brazil and Chile

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 […]

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The Agency for Access to Public Information published its 2022 activities report

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 […]

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Copyright and Marrakesh Treaty in Latin America

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 […]

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The protection of artistic legacy as part of image rights

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. […]

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Ibero-American Personal Data Protection Network authorities coordinate on ChatGPT investigation

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. […]

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May

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”, […]

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Women and IP: innovation and science in Argentina

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 […]

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Summary of the article “Apuntes sobre la modernización de la Ley de Marcas” (Notes on the modernization of the Trademark Law), published in the Industrial Property Supplement – elDial.com, on April 18, 2023. Author: Juan Carlos Ojam.

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 […]

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Argentina is now a party to the Convention 108+ of the Council of Europe

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, […]

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Can functional shapes be protected under copyright?

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 […]

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April

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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March

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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February

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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