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

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article