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Legal Update 2023
December
November
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October
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 […]
read moreCopyright 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 […]
read moreThe 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. […]
read moreIbero-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. […]
read moreHow 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”, […]
read moreWomen 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 […]
read moreSummary 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 […]
read moreArgentina 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, […]
read moreCan 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 […]
read moreTop 250 Women in IP
We are proud to announce that our partner, Mercedes Bullrich, has been recognized as one of the ‘Top Women in IP’ for the fifth time by Managing IP. This year she is the only woman in Argentina receiving this achievement, a testament to her outstanding leadership and exceptional skills. Congratulations to Mercedes and to every woman recognized, […]
read moreManaging IP Awards 2023
Ojam Bullrich Flanzbaum was named “Argentina’s Firm of the Year”, and Juan Carlos Ojam, our Managing Partner, “LatAm’s Best Practitioner of the Year”, at the 18th edition of the prestigious Managing IP Awards, which took place this April 27th at Essex House, New York. These awards recognize the firms and individuals behind the year’s most innovative and challenging work […]
read moreOur Firm is now a Certified B Corporation
We are a B Corporation. We are proud to have been certified as a B Corporation by B Lab, the prestigious US-based nonprofit global organization, and we take this on with the responsibility required of us as true agents of change. Juan Carlos Ojam, our company’s managing partner mentions: “The goal of joining this global […]
read moreNew 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 […]
read moreLet’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 […]
read moreRegulations 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. ********* […]
read moreThe Walt Disney Empire, one step away from losing protection over Mickey Mouse?
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 […]
read moreThe first resolutions on trademarks, copyright, and Non-Fungible Tokens (NFTs) in China, Italy, and the United States
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 […]
read moreTwo 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 […]
read moreUruguay 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 […]
read moreThe 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 […]
read moreOverview 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. […]
read moreReviewing function of the Federal Civil and Commercial Chamber in the new trademark opposition resolution process
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 […]
read moreFamous 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 […]
read morePlagiarism: 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 […]
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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