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Legal Update 2023
December
November
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October
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 […]
read moreOn 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 […]
read moreThe “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 […]
read moreAdvances 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 […]
read moreIncrease 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 […]
read moreProtect your intangible assets: How to request injunctive relief for unfair competition.
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 […]
read moreDecision on Consumer Protection fine gets partially confirmed by Argentine Administrative Courts
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 […]
read moreB-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 […]
read moreSome Reflections on the Concept of Trademark Use as a Requirement for the Preservation of a Registration
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 […]
read moreArtificial Intelligence and Intellectual Property: The creation dilemma under current legislation in Argentina.
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 […]
read morePosition Trademarks – Uruguay joins to its recognition
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 […]
read moreArgentine Data Protection Authority updates CCTV signs
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 […]
read moreOjam Bullrich Flanzbaum is Gold Tier in the WTR 1000 2024 Guide
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 […]
read moreChanges in Brazil’s Patent Application Process and Latest Updates on PPH Program for 2024
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 […]
read moreArgentina and Uruguay once again declared adequate countries for international data transfer
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, […]
read moreUK court rejects AI as inventor of patents.
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 […]
read moreReview of the Argentine Trademark Office’s note about new decisions on nullity and cancelation actions of trademark registrations, published in La Ley on November 27, 2023.
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 […]
read moreNew NIC.AR official fees
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 […]
read moreOjam Bullrich Flanzbaum appoints Paula Galván as partner.
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 […]
read moreNational 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 […]
read moreThe 25th of November: International Day for the Elimination of Violence against Women
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 […]
read morePosition trademarks: the legal challenge of protecting distinctive designs in a visually driven world
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 […]
read moreThe ruling which held that the enforcement of a patent does not constitue per se an undue restraint of competition is now final
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 […]
read moreNews 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 […]
read moreSeptember
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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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