Argentina: Intellectual property and franchise 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 franchise agreements

Several sections related to IP-related matters in the Argentine New Civil and Commercial Code are among the regulations that govern agreements, and among those agreements it is the franchise agreement that has the largest amount of regulations of interest in terms of intellectual property.

In that respect, Section 1512 sets forth that the franchisor needs to be the exclusive holder of the rights in the trade marks, patents, commercial names and copyrights or needs to have the right to confer to the franchisee the right of use and transmission under the terms of these types of contracts.

The object of the franchise agreement is represented by the authorisation in favour of the franchisee to use a proven good-or-service-commercialisation system.

The license of the referred industrial or intellectual property rights is directly associated with the essential aim of the franchise agreement, which consists of cloning or copying the franchisor's company, including a complete outer identification of the franchise with the corporate image of such franchisor's company.

In addition to the immaterial or intangible, or even material, goods that constitute the object of the franchise agreement, there is also the provision of a body of technical knowledge and constant technical and commercial assistance – as established by the above mentioned section 1512 – which along with the above-mentioned elements makes it possible to commercialise goods or services by using the franchisor's proven system.

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

In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Gift this article