Continuing with our last post dated March 6th , on Friday 28th Resolution No. 80/2013 was published in the National Official Gazette which establishes official fees for all matters related to all sorts of country code top level domain name (ccTLDs) .ARs.
The aim of this resolution is to provide NIC.ar with the necessary resources in order to improve the quality of their services.
From now on, the fee for registration and renewal of .AR domain names is AR$450 (approx.. U$S 57), while for .COM.AR and .TUR.AR AR$160 (approx. U$S20). The remaining types of domains (ORG.AR, GOB.AR, GOV.AR and MIL.AR) the amount to be paid is AR$65 (approx. U$S8). It is possible to pay online.
Another aspect to highlight is the publication of proceedings of new domains names, renewals, and assignments, since this will give the chance to third parties to take the corresponding actions.
Source: http://www.nic.arRead More
Nic.ar, the entity responsible for web domains, announced that as from March 5th, the registration service for domain names will be charged. The head of this institution announced that a “less than $ 200 (Argentine pesos) per year” cost will be established.
The implementation of this new fee will begin as soon as the official agency has finished polishing the details of the resolution and its publication in the Official Bulletin. Argentina is the only country in the region that doesn’t charged in relation to the registration of Internet domains. For those who have already registered a domain they should pay the fee when filing the renewal.
The main goal of this new resolution is to reduce cybersquatting. Authorities are establishing a set of processes so that if a trademark or product name is being improperly used, there is an opportunity to recover it shortly.
Currently, Argentina has three million web domains registered. It is the second largest number of web domains registered in Latin America.
Source: https://nic.arRead More
According to local PTO Resolution N° 341, published on November 6th 2013, registration certificates for new TM registrations and its renewals will be issued electronically.
According to the new disposition, users will be automatically informed by email of the emission of their trademark registration certificates and renewal certificates. To download or view these documents an alphanumeric identifying number, also send by email, will be necessary.
The date of the first download will be considered as the effective date of the withdrawal of the document in paper, regardless of the subsequent downloads which could be carried out. The TM registration certificate and the correspondent renewals issued and signed digitally will stay online for ten years according to the 5th article of Law N° 22.362. This means that the authorities will have access to these documents and will be able to verify the authenticity of a copy that could be presented during legal proceedings. In order to avoid the confluence of identical certificates, the issuance and the digital signature of these documents will be done together and at the same time.
It is important to highlight that INPI’s IT department agreed to establish the necessary technical background in order to prevent the system to issue digital documents that do not comply with the requirements provided by the abovementioned disposal.
Another benefit emerging from this new disposition is the significant time reduction that, until now, delayed the issuance of TM certificates.
Source: www.inpi.gov.ar (Resolution INPI N° 341)Read More
Recently the Argentine Management Society of Authors and Performers (SADAIC), has announced that it has reached a settlement with Youtube; which establishes that argentine musicians may have unexpected gains each time someone visits one of their videos on Youtube.
According to a report of SADAIC and the DNDA (Direction of Copyright) there were more than 3000 million visitors to Youtube videos in all the country, belonging to registered artists. This represents an income of $1.5 million argentine pesos (aprox. USD150.000). In order to receive royalties for copyright, previously the author should be registered in SADAIC.
In the same way, SADAIC, together with the Argentine Association of Interpreters (AADI) and well known website TARINGA!, have signed a letter of intent that establishes the will of the parties to reach an agreement regarding the payment of fees in respect of copyright and related rights.
Source: www.sadaic.org.arRead More
On September 2013 the ARGENTINIAN ASSOCIATION OF INDUSTRIAL PROPERTY AGENTS (AAAPI) sent a letter to the President of the National Institute for Industrial Property (INPI) regarding the publication of Regulation ANP 73/2013 in the Official Bulletin last July 15 2013, introducing the changes in the Patentability Guidelines.
Said letter expressed that, after having analyzed in detail the text on the new Patentability Guidelines, they have noticed that passages, paragraphs and even whole pages were deleted without any acknowledgement. In order to avoid confusion it would have been appropriate to clearly highlight all modifications, including the numerous deletions with respect to the original text.
They have also noticed that in many cases the modifications increase the level of requirements without legal basis. In other cases, these new guidelines markedly contradict the obligations assumed by our country in International Treaties, which is a matter of concern due to the incidental responsibilities that it may create.
Concluding, the AAAPI established that these amendments do not tend to improve the quality of our patent system, and in some cases, such as the guidelines for examining chemical-pharmaceutical patent applications, they even constitute an obvious backward step. The restrictive manner, in which our Patent Law has been interpreted, together with the considerable delays that processes suffer from, has resulted in fewer patent applications being filed in our country at present than forty years ago.
We will keep you posted on any further developments in relation to this important topic.
Source: www.aaapi.org.arRead More
On the 16.09.2013, decree N° 1315/2013 was published in the Official Bulletin. This decree regulates the law of promotion of the Software Industry N. 25.922, which highlights the value this sector of the Industry has for national development.
The validity of the promotional regime introduced by the Software Law (“New Regime”) extends now until 31.12.19. It is worth pointing out that those who want to benefit themselves with the new provisions; will have to fulfill the requirements and conditions established by law 26.692. Those who enjoy the benefits of the “old regime” (provided by law 25.922) should take into account that the valid period will close on the 17.09.14. This rule allows the users to continue with the benefits that were already provided; by giving the possibility of ratifying the “new regime”, but the users will have to comply with the new requirements.
Only the “legal persons” which develop, as their main activity, the Software industry and the provision of IT services; will have the possibility to receive the benefits of the “new” Software Law. The applicants should comply with these requirements among others:
– spend on research and software development.
– export an amount that represents at least 8% of total annual sales .
One important point of the Software law is that it establishes that the benefits will only be applicable to the activities that are being promoted by this resolution. In the case where the beneficiary performs other commercial activities; the company should have separate accounting.
Some of the fiscal benefits specified by law are regarding “Fiscal stability:” (The beneficiaries cannot have their fiscal responsibilities increased) and a 60 percent reduction of income taxes.
Source: www.boletinoficial.gov.arRead More
The new implementation by Nic.ar (under the jurisdiction of the National Internet Domain Registration) of a new management system promises a faster, more reliable and secure handling of the domain proceedings. For these, the client must comply with certain requirements to continue to manage the existing and new domains “.com.ar” registered in the new system.
As a result of this modification, only the “owner” of the record will continue to exist (previously Entity Registrant), not the person responsible and/or administering entity, as before.
However, for any type of procedure to be performed through this new system, the fundamental requirement is for the domain holders to be registered. This procedure consists of an online registration in the new system and the presentation of documents required by NIC.ar to prove the existence and validity of the domain owner.
Sources: www.nic.arRead More
On Tuesday the 20th of August, the Criminal Court of Justice processed one of the most popular download websites for Argentinean internet users for committing acts of piracy.
The Supreme Court confirmed that brothers Matias and Hernán Botbol, together with Alberto Nakayama, which are the managers of the online site “Taringa”, will have to face a public and oral trial for alleged violation of the article number 72 of the IP Law, because they allowed the unauthorized downloading of 29 legal publications and 12 computing books.
The owners who created one of the most visited websites in Argentina in 2004 were processed as “necessary participate“ for “facilitating piracy”. For this infraction, they could face between one month and six years in prison. “Taringa” shared links for downloading from music to software content, while the material was not hosted on the website servers; but on external servers.
The Taringa-trial has been going on for several years. In May 2011, the Argentinian court decided that the managers would be processed for violating IP Laws. One year later, in September 2012, judge Daffis Niklison, promoted the case to a trial. For his part, the defense attorney for Nakayama, Carlos Beraldi, presented a resource against that promotion. Finally, the Supreme Court rejected the argument of the defense who claimed that there is still no “definitive sentence or anything comparable to such”; ratifying thereby Niklison request.
After the sentence, the managers of the website expressed their intention “to define this case in Court as soon as possible”. For this reason, they have already appeared before the corresponding court offering a large amount of evidence, which was until now not assessed; that will demonstrate that the company actions, as well as the commercial policies established for the users, are in accordance with the Law and the international guidelines.
For this reason, all eyes are focused on the lack of a new legislation that includes rights which protect the use and traffic of content on the internet, considering that the current Law was established in 1933.
Sources: Diario Ambito ArgentinoRead More
As from August 14th, Trademarks will be able to be filed online; while other services will be soon.
Automatically after INPI Resolution P-266/12 was published in the official bulletin of the PTO, the new web site was ready, but only for Trademarks so far, and specifically for filing of trademarks, renewals, oppositions and replying of official requests.
In the same way, as described in the decree, users that choose for this new method of presentation shall receive a discount on the corresponding payment if paid electronically.
The new site can be accessed via the official PTO web site at www.inpi.gob.ar
New guidelines for the examination of patent applications (related to chemical-pharmaceutical inventions) were approved in Joint resolution No. 118/2012, 546/2012 and 107/2012 (Ministry of Industry, Ministry of Health and National Institute for Industrial Property). This resolution was published in the Official Bulletin on May 8, 2012 and entered into force on May 9, 2012.
Hereinafter, you will find a summary of patentability criteria introduced by the new guidelines.
- The processes for the obtention of enantiomers, if novel and inventive, may be patentable if they are clearly described in the specification and the result obtained therewith is sufficiently disclosed in the description.
- Compounds included within a Markush formula shall be admissible as long as there is a reasonably logical and proportional relationship between the scope of the claims and the content of the description. The examples should be representative of all the compounds to be protected.
- New formulations and compositions, as well as processes for their preparation, should generally be deemed obvious in the light of the prior art. Similarly, claims related to pharmacokinetic parameters, micronisation of a known product or particle distribution within a given diameter or weight should not be deemed admissible. Manufacturing processes must produce an industrial result in order to be patentable.
- Exceptionally, claims reading on a formulation could be patentable when a long standing need is solved in a non-obvious way.
- Manufacturing processes must produce an industrial result in order to be patentable.
- New crystalline forms of a substance previously known in the art are not admissible. Furthermore, processes to obtain polymorphs are not patentable. Pseudo-polymorphs (solvates and hydrates) are not patentable separately from the active ingredient from which they derive. The processes to obtain pseudo-polymorphs; the Entantiomers and diastereomers are also not patentable.
- Selection patents shall not be granted as they are not considered to be novel over the general disclosure of the state of the art. Similarly, pharmaceutical compositions as well as their preparation processes and the medicaments containing them are not considered to be novel (when they are specifically related to an element or group of elements selected from a larger group of elements).
- New salts of known active ingredients, esters and ethers of known alcohols as well as other derivatives of known substances (such as amides and complexes) are not patentable. Active metabolites are not patentable separately from the active ingredient from which they derive.
- Patents over prodrugs, if granted, should disclaim the active ingredient as such, if said active ingredient was previously disclosed or otherwise non-patentable.
- Claims directed to a new dosage regime are not patentable, even if they are formulated as product claims. Claims relating to the use of a product, including the second indication of a known product, are also not admissible.
- Manufacturing or pharmaceutical processes (often called analogy processes) that are not by themselves novel and inventive are not patentable as such, regardless of whether the starting materials, the intermediate compounds or the end product are novel and inventive.
- Sufficiency of disclosure: For the purpose of any type of evaluation, working examples will be accepted to be added for a better understanding of the claimed invention, as well as data and/or information required by the examiner, as long as such information does not extend the scope of the original disclosure.
This is merely a selection of the most significant modifications. If you are interested in receiving the complete analysis of this resolution, please contact us. We will be glad to receive you request or coments.
Sources: Joint resolution No. 118/2012, 546/2012 and 107/2012