Argentina: Intellectual property and franchise agreements

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Argentina: Intellectual property and franchise agreements

Several sections related to IP-related matters in the Argentine New Civil and Commercial Code are among the regulations that govern agreements, and among those agreements it is the franchise agreement that has the largest amount of regulations of interest in terms of intellectual property.

In that respect, Section 1512 sets forth that the franchisor needs to be the exclusive holder of the rights in the trade marks, patents, commercial names and copyrights or needs to have the right to confer to the franchisee the right of use and transmission under the terms of these types of contracts.

The object of the franchise agreement is represented by the authorisation in favour of the franchisee to use a proven good-or-service-commercialisation system.

The license of the referred industrial or intellectual property rights is directly associated with the essential aim of the franchise agreement, which consists of cloning or copying the franchisor's company, including a complete outer identification of the franchise with the corporate image of such franchisor's company.

In addition to the immaterial or intangible, or even material, goods that constitute the object of the franchise agreement, there is also the provision of a body of technical knowledge and constant technical and commercial assistance – as established by the above mentioned section 1512 – which along with the above-mentioned elements makes it possible to commercialise goods or services by using the franchisor's proven system.

Daniel R Zuccherino


Obligado & CiaParaguay 610, 17th FloorC1057AAH, Buenos Aires, ArgentinaTel: +54 11 4114 1100Fax: +54 11 4311 5675admin@obligado.com.arwww.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Gift this article