On March 15, 2016, the Undersecretary of Food and Beverage (“Subsecretaría de Alimentos y Bebidas”), gave the pertinent recognition to the National Institute of Yerba Mate (“Instituto Nacional de la Yerba Mate” – INYM) for the new Geographical Indication (GI), namely YERBA MATE. Yerba mate is an infusion, whose consumption is rooted in everyday life and habits of millions Argentines. The Yerba Mate plant is grown and processed in South America.
Thanks to this recognition, the National Institute of Yerba Mate of Argentina will be able to distinguish its products, generating added value for production and sale. In addition, consumers will have a guarantee regarding the quality of the products and also greater access to information about components. Also, through this seal each packet of yerba mate will carry, legal protection is provided. Additionally, it guarantees that the quality of the products is linked to the geographical origin of the product.
The Yerba Mate infusion, called mate in Spanish-speaking countries or chimarrão in Brazil, is prepared by filling a container, typically a gourd, up to three-quarters full with dry leaves (and twigs) of the mate plant, and then filling it up with water at a temperature of 70–80 °C (158–176 °F), hot but not boiling. Sugar may or may not be added, and the mate may be prepared with cold water.
The production of Yerba Mate constitutes an important regional agribusiness as it mobilizes the productive, industrial and commercial sectors, generating thousands of jobs.
Source: http://www.inym.org.arRead More
On December 1, 2015 resolution No. 109/2015 entered into force. It was issued by the National Registry of Internet Domain Names, and created three new extensions and new fees for the registration of domain names under the country code “.ar”.
The new domain extensions are:
- app.ar: aimed for websites that host applications and also websites related to applications.
- pol.ar: intended for political parties that are recognized by Law No. 23,298.
- seg.ar: dedicated for insurance companies, manufacturers and insurance advisors.
For more information regarding the new fee chart, please click here.
Source: www.infoleg.gob.arRead More
On December 21, 2015, Law No. 27,222 was enacted, by which article 18 of “Mediation” Law No. 26,589 and the articles 16 and 17 of the Trademark Law No. 22,362 were modified.
According to local legislation, there is an annual term established by law to overcome oppositions. Oppositions are published in the Official Gazette. During that time the applicant should negotiate with the opponent the withdrawal of the opposition, under the penalty of abandonment. If there is no success in these negotiations, the next step would be the initiation of the mediation instance. It should be said that mediation is a preliminary and compulsory stage before Court instance, which gives the possibility to continue negotiations between the parties involved.
According to the “older” Argentinian Law and the disposition 2038/2010 of the Trademark Office, the initiation of the mediation stage suspended the annual deadline that the applicants have to overcome oppositions.
Law No. 27,222 establishes that the suspensive effect of prescription and limitation periods because of the initiation of mediation procedure shall not apply to the process of applying to trademark registrations and also to opposition procedures. The new law aims to avoid pre-trial mediation proceedings from suspending the 1-year term provided by article 16 of Law 22,362. This means that, after Law No. 27.222 comes into force, the initiation of mediation within the annual term will not suspend the corresponding annual deadline.
Law 27.222 will enter into force on March 23, 2016.
Law No. 27203, known as the “actor’s law,” was issued in the official bulletin in November 2015 and establishes new regulations concerning the works of actors in Argentina.
Some important aspects of this new law include:
– Articles 1 and 2 define and characterize the term “performers” (in Spanish “actor-intérprete”) in this legislation. It is worth mentioning that the people in charge of the direction, their assistants, choristers and some dancing groups are also included.
– Article 4 deals with underage actors (younger than 16 years old) and their requested authorization to work in artistic shows.
– In the last chapter of this new law, social security rights were established.
With the implementation of this new regulation, local actors and workers related to show business will have their employment rights protected in a stronger way.
Source: http://www.infoleg.gob.arRead More
The Argentinian Court of appeal has confirmed a lower court ruling allowing the company “Gabriel Barreneche SA” to identify with the brand “Manu” with “their products such as toast, breadsticks, croissants, bread, puddings and sweet bread.“
Emanuel Ginobili, the Spur´s Basketball player, had filed an opposition against the trademark application “MANU” arguing that he is “the most important Argentine basketball player who currently performs in the United States,” so that “the brands ‘Manu’ and ‘Manu Ginobili’ are widely seen, well-known, and have prestige and are associated with him.”
The Court of appeal considered that it is indisputable the knowledge that people have of the “sporting values” of Ginobili, however the term “Manu” is not a pseudonym or nickname but a short form which is used among family and as an affective way of calling the people with the name “Manuel”, or “Emmanuel” (…).”
Due to the rulling issued by the Court of appeal, the famous basketball player has lost the case and must pay the costs of the court case.
If you are interested in reading in detail the ruling of the judge of first instance, please click here.Read More
The Argentine PTO (INPI) has approved amendments to the guidelines for the examination of patents in the biotechnology field.
The amendments, published in the Official Bulletin on October 5, 2015, ratify the patentability criteria that the INPI has been applying for some time in the examination of biotechnological patents. Therefore, the new guidelines establish a legal framework for examiners to support their substantive observations regarding the generalization of sequences and the patentability of living matter, either of animal or vegetable origin.
More specifically, the amendments focus on the following subject matter:
- Sequential and/or structural similarity of modified nucleotide or amino acid sequences maintaining the same function;
- Genetically modified organelles;
- Transformation events.
The National Civil Aviation (ANAC) issued a regulation regarding drones and enforcing mandatory requirements for use. This new disposition, called Resolution 527, was issued in the Official Bulletin.
This new disposition establishes that the authorizations of drone use will have to be done through the “Digital Aeronautical box” (“Casillero Aeronáutico Digital”, known as CAD). In addition, some specific terms have been defined to avoid misinterpretations.
In the 3rd article, there is a classification of different type of drones:
a) small – up to 10 kilograms
b) medium – from 10 to 150 kilograms
c) big – more than 150 kilograms.
It is important to highlight that operators of medium and/or large drones should have a special authorization issued by ANAC; and also have a certification of their psychological and physiological abilities (visual, auditory skills).
The regulation establishes that pilots should be older than 16 years. If a pilot is between 16 and 18 years old, he or she should be supervised by a responsible adult.
Source: http://www.anac.gov.arRead More
According to Resolution 165/2015, published in the Official Bulletin on July 31, 2015, the official fees for services provided by the Argentine PTO will be increased an average of 15 percent as from August 10, 2015.
An additional similar increase will take effect in October 2015.
Click here to access the Official Bulletin (Spanish version only).
Should you require any further information, please contact us. We will keep you updated regarding any further developments on this matter.
Source: http://www.boletinoficial.gov.arRead More
The Argentine government sent a draft bill amending the industrial design law to the Congress in June 2015 and it is currently being evaluated.
The current law (Decree-law No. 6673/63, regulated by Decree-law No. 5682/65), which became effective in 1965, establishes a registration system without substantive examination.
The bill introduces important amendments that simplify the registration procedure and improve protection. Below is a highlight of some of the amendments introduced by the draft law:
- Regarding the novelty requirement, the draft law establishes that it will not be affected by a disclosure made within the six months prior to the filing date (or priority date, if applicable) when it has directly or indirectly resulted from: acts by the author or its assignees, acts of bad faith or illicit acts by third parties, or an incorrect publication by the Argentine PTO. Interestingly, the only non-prejudicial disclosure made by the author (or someone with authorization) provided by the current law is the disclosure of the design in exhibitions or fairs held either in Argentina or abroad, provided that the application is filed within the six months from the opening date of the event.
- As opposed to the current term of protection, which is of five years from the date of filing extendable for two five-year periods, the draft law broadens the term of protection to five successive five-year terms.
- The current law allows up to 50 embodiments of the same product or object to be included in a single application, provided there is homogeneity among them. However, the term “homogeneity” is not explained. The draft bill clarifies the concept of multiple deposits: an application may include up to ten industrial designs, provided that they all belong to the same class of the Locarno Classification. Additionally, the draft law allows for divisional applications.
- The draft bill establishes a six-month grace period from the expiration date for the renewal of a deposit, upon payment of applicable fees. This is not provided for in the current law.
- While under the current law there is no specific procedure to delay publication after registration, the draft bill provides for the deferred publication of the registered design, up to a maximum term of six months from the registration date.
- Under the current law, the term to file an application for cancellation against an industrial design expires after five years from the deposit, whereas the draft law establishes that this term is imprescriptible.
If you are interested in receiving more information about the draft law, please contact us. Check back Moeller´s blog to see updates about any developments.
Disposition 20/2015, which restricts drone use, was issued by the National Directorate for the Protection of Personal Data and published in the Official Bulletin on May 27, 2015.
A drone is an unmanned aerial vehicle that can be equipped with cameras, microphones, GPS, or any other type of sensor that collects personal data. A drone can be undetectable, and it has the ability to get to where the human eye fails. They can collect a variety of data, according to the sensors or cameras that they have. These characteristics led to the enactment of the new standard.
The new regulation not only protects privacy for the public, but also gives a clear regulatory framework for private operators using such devices. Specifically, article number 1 of the appendix of this disposition establishes the need of prior consent of the owner of the data due to the risk to privacy created by the aerial view.
Disposition 20/2015 permits the use of drones in recreational situations, emergency situations, or before an event of general or private interest, like a marriage, only if there is a disproportionate intrusion into the privacy of individuals.
For more information about this new regulation please click here
Remote controlled aerial vehicles equipped with cameras and various sensors are now under the control of the National Directorate of Personal Data Protection (PDP), due to the potential ability of drones to record photos, videos or a tour on GPS among other data.
The National Directorate for the Protection of Personal Data also issued a series of recommendations to prevent Drones to register sensitive data, such as racial and ethnic origin, political opinions, religious convictions, and/or information concerning the health or sex life. In Argentina, Law N° 25.326 establishes all the rules regarding the protection of the personal data.
If you are interested in reading more about these recommendations, please click here.
Finally, it is important to remember that the regulation of the use of the airspace and safety standards is in charge of the National Civil Aviation (ANAC – Administración Nacional de Aviación Civil). In February, this organization began to develop a project to define the specific conditions to be required for the use drone equipment. Currently this project is in the first consultation phase.
For more information about this new project please click here