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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

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