Argentina: IP in the concession agreement
As explained in previous briefings, the New Argentine Civil and Commercial Code, in effect as of August 1 2015, includes, when addressing different issues, regulations referred to intellectual property. That is the case of regulations that govern agreements and among those agreements is the concession agreement.
A concession agreement – a type of contract that has gained increasing importance in Argentina – is one in which a businessperson (concession-grantor) asks a third party (concessionaire) to place their products on the market, in the concessionaire's own name and under certain conditions.
In section 1504 of the Code (related to the concession agreement) some provisions which are of interest in our matter (subsection c), as well as a direct reference to IP-related questions (subsection e) may be found.
These subsections state:
SECTION 1504. Concession-grantor's obligations. The concession-grantor shall have the following obligations: c. to provide the concessionaire with the technical information and, if required, the manuals and staff training necessary for the exploitation of the concession; e. to allow the use of trade marks, logos and other distinctive elements, as may be necessary for the exploitation of the concession and for publicizing the concessionaire within its territory or area of influence.
Daniel R Zuccherino
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