Along with the Argentinian Ministry of Industry, Débora Giorgi, the president of the PTO (INPI) announced the start of the “DiseñAR” workshop, focused on the registration of industrial designs by small and medium companies.
Small pre-selected companies from different regions of Argentina participated in this event. The objective of this program is to help companies to create a strategy to enhance the value of intangible assets.
The president of the local PTO expressed appreciation to the World Intellectual Property Organization (WIPO) for their support in this workshop. Argentina and Morocco have been chosen by WIPO for the implementation of this program.
During this seminar, companies had the opportunity to have interviews with consultants and be part of activities organized by the advisory board.
Source: http://www.inpi.gob.arRead More
A new tool called “ArNicApp” was created recently, and offers a similar service to “WHOIS,” but only for Argentine domains. “WHOIS” is a database or directory containing every currently registered domain in the world.
With the ArNicAPP application, one can search for domains that are close to the expiration date; and also look for web domains by using a key word. However, the information contained in “ArNicApp” is incomplete
Nic.ar the entity responsible for web domains in Argentina has a search tool available in the web site. It is possible to see if a certain domain is being used by others or not. In case it already has an owner, you can have all the contact information you need.
Source: www.lanacion.com.arRead More
On October 28 2014, Argentina’s Supreme Court of Justice ruled in favor of Google and Yahoo by rejecting complaints against the search engines in what is recognized as a leading case.
The court action was initiated in 2006 by former model Maria Belen Rodriquez whose images appeared in porn and sex offers. The first ruling was in favor of Ms. Rodriquez, and was soon appealed. The court of appeal analyzed the case and considered that Yahoo and Google were responsible only if they had “actual knowledge” of the illegality of the content they had not blocked.
Once again, the resolution was challenged and as a result was brought to the Supreme Court. In May 2014, two public hearings were held in which legal arguments from both parties were considered.
One of the reasons that this case has become so important is that it deals with the new conflicts arising from worldwide internet use and the right to one’s personal image.
The issue of responsibility of online search engines (regarding the content that is available in the internet) has brought lively debates among the specialist in this field. There is a conflict between constitutional rights, such as freedom of expression and the right of information.
The Supreme Court considered as fundamental the role that search engines have in relation to the right of freedom of speech as well as the right to free access to information. Furthermore, the Court dismissed the application of strict liability to Internet Service Providers (ISPs), considering that they do not generate or control the content available on the internet. In addition, the judges considered that it is not a duty of the search engines to control or supervise the legality of the contents of the websites.
With this benchmark case, an important first principle regarding the responsibility of the search engines has been defined. The court considers that only after the engines have actual knowledge (occurring after an express notification) of a clear illegal content could they be assigned responsibility in cases where they do not remove it.
Source: http://www.csjn.gov.ar/Read More
The Argentinian Patent Office has issued Resolution No. P-187, which states that applicants of pending patent applications filed before January 1, 2013, must inform the PTO whether the priority application has been granted or not. Those applications for which the required information is not filed will be considered as withdrawn.
The purpose of this Resolution is that only those applications which are still important to their applicants be examined. This is to prevent examiners losing time in examining applications in which their applicants have lost interest but have not expressly withdrawn.
The required information must be filed before November 28, 2014.
Please contact us if you have any further questions.
Source: http://www.inpi.gov.arRead More
The Ministry of Agriculture, Forestry and Fisheries (Ministerio de Agricultura, Ganaderia y Pesca de la Nación) informed that the bill regarding the stamp “Alimentos Argentinos una Elección Natural” had been approved by the Chamber of Deputies. In other countries such as France, Japan or Mexico, they have similar stamps. Prior to this new law, the Resolution N° 392/2005 of the Secretary of Agriculture, Forestry and Fisheries was the only one applicable in this matter.
This stamp will identify Argentina as an important provider of quality food. The standard of such quality has been determined in local legislation regarding this matter (Law N° 18284 – Codigo Alimentario). Also, it will help the development and recognition worldwide of this area of Argentine industry.
The main objective of this regulation is to point out the quality of the Argentine products and their elaboration, highlighting as an extra value the origin of those. This will increase the confidence of the consumers in this kind of products. An essential advantage of this law is that in their regulation the benefits in an economic as well as in a promotional aspect have been established.
Through resolution N° 198/2014 which was published in the Official Bulletin on July 3rd 2014, it was informed that “Augusto Zingaretti e hijos S.A.” is the first firm who has the right of using the quality stamp “ARGENTINE FOOD A NATURAL CHOICE” (”Alimentos Argentinos una elección natural”) for their well-known Olive Oil.
Local PTO issued the Resolution N° P-117 which establishes the creation of a register for legal effective acts (such as signed contracts) regarding technology transfer as well as trademarks , patents and utility models licenses. This new development has effect for those people and/or companies who have their address in Argentina, as well as abroad.
In order to fulfill this new Resolution and their requirements, the user has to file an application form with this new register, pay the corresponding fee and follow the procedure described in the appendix of the Resolution.
Source: http://www.boletinoficial.gov.arRead More
The national oil company YPF, was sentenced to pay AR 90.000 to the heirs of the famous Argentinean Artist Florencio Molina Campos as a compensation for material and non-material damage caused by the unauthorized used of his pictures.
In 2005 the oil company, when it was still managed by the Spanish oil company REPSOL, used the mentioned pictures with advertising purposes without the authorizations of the artist’s heirs, breaking the intellectual property law.
Nevertheless the importance of the sentence in order to enforce the respect for copyright, it is essential to highlight that the amount of the compensation is not enough. It is not as much as necessary, in relation not only with the economic benefit that a multinational company could obtain with advertising, but also with how long it took to pay it.
On July 21, 2014, the Argentinian National Institute for Industrial Property (INPI) issued Resolution 152/2014 regarding important changes on trademark registrations.
By means of said Resolution, which was published on August 1, 2014 in the Official Bulletin Nº 32.938, the registration of some terms as trademarks under class 34 of the Nice Classification (“Tobacco; smokers’ articles; matches”) has been prohibited. Said prohibited terms are: “Light”, “Mild, “Low content in nicotine and tar“ or similar ones, their combination or the combination with other terms.
Article 13 of Law 26.687 for the Regulation of Advertising, Promotion and Consuming of Tobacco Products, already established the prohibition of the afore-mentioned terms in trademarks. At the same time, article 3 of Law 22.362 for Trademarks and Designations, prohibits the use of signs that may mislead the consumerin trademarks. However, this is a general prohibition.
Hence, the purpose of this Resolution is to specify the class of the Nice Classification affected by this prohibition.
Source: http://www.inpi.gov.ar/Read More
The national Wine-Growing Institute (INV) issued two resolutions (N° 19/2010 and N°20/2014) related to the acknowledgement of “LA CONSULTA” and “CHAPADMALAL” as Geographic Indications.
“La Consulta” is a well-known wine producer’s zone, which is located in the district of San Carlos in the province of Mendoza, in the south of Argentina.
“Chapadmalal” region is located in the district of General Pueyrredon in the province of Buenos Aires. It has special characteristic for producing quality Wine. This resolution is a result of a request filed by the Winery ANALYN S.A. and several studies made in order to evaluate the region.
According to article 4° of law 25163 -published on January 2014- (that establishes details regarding the wines and the corresponding rules), the term geographic indication is defined by “the name that identifies a product originating in a certain region, a city or an area delimited in the country no more than surface of a province (…) and the GI would be justified only when certain quality and product characteristics of are essentially attributable to its geographical origin.(…)”
Source: http://www.inv.gov.arRead More
Recently, the Argentinian National Institute of Industrial Property (INPI) has launched the new online platform for the registration of industrial designs.
The new online platform was created immediately after the publication of INPI Resolution P-266/12 in the official bulletin of the PTO on October 23, 2012, and has been available only for Trademarks since August 14, 2013, specifically for trademark filings, renewals, oppositions and official actions responses.
The launch of this new online platform for the registration of industrial designs represents a second step of INPI towards reducing time and costs as well as making industrial property accessible to all.
This new site can be accessed via the official PTO web site at www.inpi.gov.ar
Source: http://www.inpi.gov.arRead More