Legal Update

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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 […]

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 […]

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 […]

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