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

Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
A strong Canadian business helped lift profits, but the IP service group's latest results underline the pressure facing its operations in Australia, New Zealand and parts of Asia
Wins in court have been key to the six-year-old firm’s growth, as one of its founders explains
The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
Gift this article