Argentina: IP in the marital community
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Partners and other senior leaders must step up if they want diverse talent at their firms to thrive
European and US counsel reveal why they are (or aren't) concerned about patent quality and explain how external counsel can help
Firms such as Bird & Bird and Taylor Wessing have reported rising profits and highlighted the role of high-profile IP disputes and hires
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers in the corporate and IP practices discuss where the firm can steal a march on competitors, its growth plans in London, and why deal lawyers are ‘concertmasters’
Kathleen Gaynor, DEI specialist at Phillips Ormonde Fitzpatrick, says deliberate actions can help law firms reach diversity goals
Scott McKeown, who moved to Wolf Greenfield one year ago, says the change has helped him tap into life sciences work and advise more patent owners
The winners of our Asia-Pacific Awards 2024 will be revealed during a ceremony in Malaysia on September 26
Zach Piccolomini of Wolf Greenfield explains how to maximise your IP portfolio’s value while keeping an eye on competitors
Witnesses at a Congressional hearing debated whether reforming the ITC is necessary and considered what any changes should look like
Gift this article