Argentina: IP in the marital community

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: IP in the marital community

The New Argentine Civil and Commercial Code, in effect as of August 1 2015, includes, when addressing different issues, regulations referred to intellectual property.

Several sections referred to IP-related matters in the Argentine New Civil and Commercial Code – as explained in previous briefings – are among the regulations that govern agreements (franchise, leasing, etc).

In a different branch of the Law, there also exist rules related to intellectual property in the regulation of marital community.

From a general point of view, Section 463 states that upon failure to opt for a prenuptial agreement, the spouses shall, as from the execution of marriage, be subject to the marital community regime as established by the Code.

In this respect, and being of interest in our matter, Section 464, subsection "o" states that the separate property of a husband and wife is intellectual, artistic or industrial property, when the intellectual work has been published or interpreted for the first time, the artistic work has been concluded, or the invention, the trade mark or the industrial design have been patented or registered before the marriage commencement. The moral right over the intellectual work always belongs to the author.

Finally, Section 499 refers to the marital community distribution, establishing a preferential right in the assignment to one particular spouse, with respect to such goods covered by intellectual or industrial property, when said goods relate to their professional activity or agricultural, commercial or industrial establishment.

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

With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Leaders at IP boutique say the decision to pursue sponsorless partnership with the specialised investment arm of a private equity firm comes at a time of ‘profound transformation’ in the profession
Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Gift this article