Changes To IP Laws

Author:Moeller IP Advisors
Profession:Moeller IP Advisors
 
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On January 11, 2018, Presidential Decree No. 27/2018, which introduces many amendments were made to the Argentinian Trademarks, Patents and Industrial Designs Laws, was published in the Argentinian Official Gazette (Link to the official publication: https://www.boletinoficial.gob.ar/#!DetalleNorma/177429/20180111).

The main modifications are in connection to the following:

Trademarks:

Trademark opposition procedures: these no longer depend on the parties' negotiation. Three months are given as of the notification of the opposition to negotiate between the parties. In case the opposition is not withdrawn, the Trademark Office will study the case and issue a resolution. Nullity actions are solved by the Trademarks Office, and not a Court of Justice. Cancellation actions for non-use are solved by the Trademarks Office and not by a Court of Justice. Trademarks can be partially cancelled. Use requirements: A declaration of use must be filed before the Trademarks Office between the 5th and the 6th year of the registration. Patents:

Reduction of terms: Terms for filing documents, paying examination fees, conversion of patents into utility models and answering official actions are considerably reduced with the purpose of expediting the procedure. Priority document: it will not be necessary to submit this document when filing the application. However, the examiner may request this document during the substantive examination stage. Utility Models:

Change of registration procedure: Upon payment of the examination fee (within three months as from the filing date), the Patent Office will conduct the substantive examination. After that, the application will be published. If no third parties observations are filed within a 30-day term, the application will be granted. Reduction of terms: Terms for filing documents, paying examination fees, conversion of utility models into patents and answering official actions are considerably reduced with the purpose of expediting the procedure. Industrial Designs:

Protection of craft products. Multi-filing: A single application may include up to 20 industrial models or designs as long as they are included under the same class of the Locarno Agreement. New technological ways for presenting drawings: Drawings, photographs, digital reproductions. Section 14 related to the Paris Convention priority right was revoked. Publication of granting decision can be suspended. Renewal term: The application for renewal can be filed within six...

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