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.

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