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 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

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

Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
Gift this article