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

Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Gift this article