Argentina: Double protection for industrial models and designs

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: Double protection for industrial models and designs

As previously explained in our October 2016 briefing, industrial models and designs consist of the shape or ornamental aspect of industrial products.

Decree No 6,673/63 ratified by Law No 16,478 regulates the legal protection of industrial models and designs through the industrial law.

However, under the Argentine Law, it is also possible - in certain cases - to protect the models and designs under Law 11,723 of Intellectual Property (Copyright), which refers to "models and works of art or science applied to commerce or industry", when the drawings or models are substantially covered in their aesthetic aspect. If this creation may still be considered a work even after being dissociated from the product, the custody of the work may be claimed in virtue of the copyright law.

It should be borne in mind that even though double protection is possible under Section 28 of Decree 6,673/63 when a model or industrial design registered according to the above-mentioned decree may have also been registered under Law 11,723, the author may not claim them simultaneously in the judicial defence of his rights.

However, protection under one rule or the other has consequences in the terms: if the work is protected under Decree 6,673/63, the term shall be five years extendible for two periods; but protection based on copyright law remains in effect during the entire life of the author, plus 70 years counted from January 1 of the year following the author's death.

Daniel R Zuccherino

Obligado & Cia

Paraguay 610, 17th Floor

C1057AAH, Buenos Aires, Argentina

Tel: +54 11 4114 1100

Fax: +54 11 4311 5675

admin@obligado.com.ar

www.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

Law firms across the world are seemingly united in their reluctance to give juniors a chance, which shouldn’t be the case
In-house counsel say they want more visibility for the next generation of lawyers, but private practice practitioners believe jurisdictional challenges stand in their way
IP STARS, Managing IP’s accreditation title, reveals this year’s first rankings, showing how firms in Asia-Pacific are performing across a range of practice areas
A dispute over buggies, a decision on the UPC’s jurisdiction, and the formal launch of the Patent Mediation and Arbitration Centre were among the top developments
Sofie McPherson says she is excited to work at a firm that offers an integrated approach between attorneys and litigators
Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Gift this article