Argentina: Actions for recovery of IP rights
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: Actions for recovery of IP rights

As explained in previous briefings, the new Civil and Commercial Code includes a series of rules referring, either directly or indirectly, to intellectual and industrial property matters which we have already reviewed in detail.

An important aspect that the new Civil Code affects is that related to actions for recovery regarding immaterial goods. In particular, we refer to the action for recovery in relation to trade marks.

The aim of the action for recovery is to obtain the restitution of the trade mark to its lawful owner. Trade Mark Law No 22,362 mentions the action for recovery in Section 11 but it does not expand on its regulation.

In the case of other immaterial rights, such as industrial models and designs, the action for recovery is specifically foreseen.

Likewise, it is understood that in the Patent Law, Section 31 establishes the setting that enables the exercise of the action for recovery when it states: "The granting of the patent shall be done with no prejudice to a third party with a better right than that of the applicant, and with no guarantee from the State concerning the usefulness of its object."

Until the new Civil and Commercial Code came into force (August 1 2015), the courts accepted lawsuits related to actions for recovery of trade marks, based on a broad interpretation of Section 11 of the Trade Mark Law.

However, Section 16 of the new code regarding goods does not mention immaterial goods, and Section 2253 expressly excludes immaterial goods from the possibility of being protected by the action for recovery.

Taking into account the new rules of the Civil and Commercial Code, now the question is how the case law related to actions for recovery will evolve.

Daniel R Zuccherino

Obligado & Cia

Paraguay 610, 17th Floor

C1057AAH, Buenos Aires, Argentina

Tel: +54 11 4114 1100

Fax: +54 11 4311 5675

more from across site and ros bottom lb

More from across our site

Managing IP reveals Tuesday’s highlights, including an illuminating discussion celebrating women in the workplace and the challenges that remain
Dana Northcott, INTA’s 2024 president and associate general counsel for Amazon's IP team, talks about her work for the association
Managing IP reveals highlights from the INTA Annual Meeting, including law firms’ diversity and ESG concerns and a new beginning for a Chinese firm
Firms with a broad geographic reach are more likely to win work, especially from global companies with high turnovers, according to survey data of nearly 29,000 corporate counsel
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for trademark work today, including which firms are on the up
Highlights from Sunday included judicial insight from across the globe and a keynote address from Martin Luther King Jr’s daughter
Managing IP’s senior reporter Rani Mehta interviewed attendees at the INTA Annual Meeting in Atlanta about how they made the most out of their first day
A team of lawyers who joined Norton Rose Fulbright from Polsinelli say they were drawn to the firm's global platform
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers say a ruling concerning liability for trademark infringement could give company directors an easy way out and create litigation uncertainty
Gift this article