Industrial Designs Law in Argentina
Here’s a detailed overview of industrial design law in Argentina:
🇦🇷 Industrial Designs Law in Argentina
🔹 Governing Law
Industrial designs in Argentina are protected under Law No. 22,362 on Industrial Designs (promulgated in 1980).
The law is administered by the National Institute of Industrial Property (INPI - Instituto Nacional de la Propiedad Industrial).
Argentina is a member of several international IP treaties, including:
Paris Convention
Hague Agreement (for international registration of industrial designs)
TRIPS Agreement
🔹 What Can Be Protected?
Industrial designs cover the ornamental or aesthetic aspect of a product or part of a product.
This includes features such as:
Lines
Contours
Colors
Shape
Texture
Materials used
The design must be new and original.
Functional or technical features alone are not protectable under industrial design law.
🔹 Registration Process
Application: Filed with the INPI, including:
Clear graphic representations or photographs of the design.
Description of the product.
Formal Examination: INPI reviews the application for compliance with formal requirements.
Substantive Examination: INPI examines novelty and originality; however, this may be limited or only conducted on opposition.
Publication: Application is published in the Official Bulletin for opposition purposes.
Opposition Period: Third parties have a set period (usually 30 days) to oppose.
Registration: If no opposition or opposition is resolved, the design is registered and a certificate is issued.
🔹 Duration and Renewal
The initial term of protection is 5 years from the filing date.
The registration can be renewed twice, each time for an additional 5 years.
Maximum total protection term is 15 years.
🔹 Rights Granted
The owner of a registered design has the exclusive right to use the design and prevent unauthorized manufacture, sale, or import of products incorporating the design.
The rights can be licensed, assigned, or transferred.
🔹 Enforcement
Enforcement of industrial design rights is through Argentine courts.
Remedies include injunctions, damages, and seizure or destruction of infringing products.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Hague Agreement | Member since 2003 |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Law No. 22,362 (Industrial Designs Law) |
| Authority | National Institute of Industrial Property (INPI) |
| Duration | 5 years renewable twice (max 15 years) |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | Argentine courts |
| International treaties | Paris, Hague, TRIPS |
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