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 2026

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

Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Hepworth Browne led Emotional Perception AI to victory at the UK Supreme Court, which rejected a previous appellate decision that said an AI network was not patentable
James Hill, general counsel at Norwich City FC, reveals how he balances fan engagement with brand enforcement, and when he calls on IP firms for advice
In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
Gift this article