Argentina: IP in the marital community

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

Cookies Settings

Argentina: IP in the marital community

The New Argentine Civil and Commercial Code, in effect as of August 1 2015, includes, when addressing different issues, regulations referred to intellectual property.

Several sections referred to IP-related matters in the Argentine New Civil and Commercial Code – as explained in previous briefings – are among the regulations that govern agreements (franchise, leasing, etc).

In a different branch of the Law, there also exist rules related to intellectual property in the regulation of marital community.

From a general point of view, Section 463 states that upon failure to opt for a prenuptial agreement, the spouses shall, as from the execution of marriage, be subject to the marital community regime as established by the Code.

In this respect, and being of interest in our matter, Section 464, subsection "o" states that the separate property of a husband and wife is intellectual, artistic or industrial property, when the intellectual work has been published or interpreted for the first time, the artistic work has been concluded, or the invention, the trade mark or the industrial design have been patented or registered before the marriage commencement. The moral right over the intellectual work always belongs to the author.

Finally, Section 499 refers to the marital community distribution, establishing a preferential right in the assignment to one particular spouse, with respect to such goods covered by intellectual or industrial property, when said goods relate to their professional activity or agricultural, commercial or industrial establishment.

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

The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Gift this article