Argentina: Intellectual property and leasing agreements

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Argentina: Intellectual property and leasing agreements

As explained in our April briefing, there are several sections referring to IP-related matters in the Argentine New Civil and Commercial Code that affect regulations that govern agreements.

A type of agreement that contains IP regulations is the leasing agreement.

In Section 1227, the new Code defines a leasing agreement as one in which the lessor agrees to transfer to the lessee the possession of a certain good for the use and enjoyment thereof against the payment of a royalty, and to confer on the latter the right to purchase the good.

The leasing constitutes a form of financing for the acquisition of goods that is widely used in business, as both parties obtain advantages: while the lessor is still the holder of the good given under leasing, with the consequent warranty for the investment of such good, the lessee satisfies his need immediately by disposing of said good for the use thereof.

Regarding what is strictly referred to as intellectual property, it is worth pointing out that Section 1228 establishes that the object of the agreement may be personal property or real estate, trade marks, patents or industrial models, and software, either owned by the lessor or which the lessor has the right to transfer by leasing.

In turn, Section 1234 states that in order to be enforceable against third parties, the agreement has to be filed with the corresponding registry depending on the nature of the thing that constitutes its object.

Those registrations shall be held by the National Institute of Industrial Property when the object of the leasing are trade marks, patents or industrial models, and by the National Registry of Pledge in the the case of software.

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

Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for patent work, including which firms are moving up
Leaders at US law firms explain what attorneys can learn from AI cases involving Meta and Anthropic, and why the outcomes could guide litigation strategies
Attorneys reveal the trademark and copyright trends they’ve noticed within the first half of 2025
Senior leaders at TE Connectivity and Clarivate explain how they see the future of innovation
A new action filed by Nokia against Asus and a landmark ruling on counterfeits by South Africa’s Supreme Court were also among the top talking points
Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
A UDRP decision that found in favour of a small business in a domain name dispute could encourage more businesses to take a stand in ‘David v Goliath’ cases
Gift this article