Argentina: Intellectual property and leasing 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 leasing agreements

As explained in our April briefing, there are several sections referring to IP-related matters in the Argentine New Civil and Commercial Code that affect regulations that govern agreements.

A type of agreement that contains IP regulations is the leasing agreement.

In Section 1227, the new Code defines a leasing agreement as one in which the lessor agrees to transfer to the lessee the possession of a certain good for the use and enjoyment thereof against the payment of a royalty, and to confer on the latter the right to purchase the good.

The leasing constitutes a form of financing for the acquisition of goods that is widely used in business, as both parties obtain advantages: while the lessor is still the holder of the good given under leasing, with the consequent warranty for the investment of such good, the lessee satisfies his need immediately by disposing of said good for the use thereof.

Regarding what is strictly referred to as intellectual property, it is worth pointing out that Section 1228 establishes that the object of the agreement may be personal property or real estate, trade marks, patents or industrial models, and software, either owned by the lessor or which the lessor has the right to transfer by leasing.

In turn, Section 1234 states that in order to be enforceable against third parties, the agreement has to be filed with the corresponding registry depending on the nature of the thing that constitutes its object.

Those registrations shall be held by the National Institute of Industrial Property when the object of the leasing are trade marks, patents or industrial models, and by the National Registry of Pledge in the the case of software.

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

Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Gift this article