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ARGENTINA

Since March 1921, last amended in 2021
Since January 1997
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Criminal Code (Código Penal de la Nación Argentina)

Law No. 24,766 on Confidential Information (Ley No. 24.766 de Confidencialidad sobre Información y Productos que estén Legítimamente Bajo Control de una Persona y se Divulgue Indebidamente de Manera Contraria a los Usos Comerciales Honestos)

Emergency Decree No. 74/2019 (Decreto No. 274/2019 de Lealtad Comercial)
In Argentina, trade secrets are protected by the provisions of Art. 156 of the Criminal Code, Law 24,766 and Emergency Decree 274/2019, which establish a comprehensive regime of protection for trade secrets.
Coverage Trade secrets

ARGENTINA

Since December 2020

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Passive Infrastructure Sharing Regulation (Reglamento de Compartición de Infraestructura Pasiva) 
There is an obligation for passive infrastructure sharing in Argentina to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector. The sharing of passive infrastructure is regulated by different rules, among which the Passive Infrastructure Sharing Regulation, approved as an Annex to Resolution No. 105/2020 of the former Secretariat of Public Innovation, stands out.
Coverage Telecommunications sector

ARGENTINA

Reported in 2018, 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequately enforcement of copyright online
It is reported that Argentina has a poor track record of enforcing copyright law, with few prosecutions and lengthy court delays. As a result, Argentina continues to have high rates of copyright piracy, including online piracy. IP enforcement online in Argentina consists mainly of right holders trying to convince Argentine Internet service providers to take down specific infringing works, as well as attempting to seek injunctions in civil cases, both of which can be time-consuming and ineffective. Right holders also cite widespread use of unlicensed software by Argentine private enterprises and the government. In addition, it is reported that the rate of unlicensed software installation in the country was 67% in 2017 (above the 52% rate of the Latin American countries), for an estimated commercial value of USD 308 million.
Coverage Horizontal

ARGENTINA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Argentina has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

ARGENTINA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Argentina has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

ARGENTINA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of ratification of the Patent Cooperation Treaty (PCT)
Argentina has signed the Patent Cooperation Treaty (PCT) in December 1970, but has not ratified it.
Coverage Horizontal

ARGENTINA

Since September 1933

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 11,723 - Intellectual Property Law (Ley No. 11.723 - Régimen Legal de la Propiedad Intelectual)
Argentina has a copyright regime under Law 11,723. However, the exceptions do not follow the fair use or fair dealing model, thus limiting the lawful use of copyrighted works by third parties. Arts. 10, 27, 28, 36 list the exceptions, which include the use and transmission of news of general interest (the original version must be published if the source is mentioned); the publication of parliamentary speeches, provided it is not done for profit; the performance of literary or artistic works in public events organized by educational institutions, provided that the performance is not broadcast and is free of charge.
Coverage Horizontal

ARGENTINA

Since September 1995

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 24,481 - Patent Law (Ley de Patentes de Invención y Modelos de Utilidad N. 24.481)
According to Art. 37 of the Patent Law, patent protection can only be obtained by filing separate national patent applications, but it may be endangered if the application for obtaining the same patent in another country was filed more than one year before the Argentinian filing date and/or it has already been published (Art. 13). In those cases, since Argentina adopts absolute novelty, the novelty requirement will not be fulfilled and a patent will be denied.
Coverage Horizontal

ARGENTINA

Since July 2003

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 25,750 - Preservation of Cultural Goods and Heritage (Ley No. 25.750 de Preservación de Bienes y Patrimonios Culturales)
According to Art. 2 of Law 25,750, the companies that participate in the media must be national companies, allowing the participation of foreign companies up to a maximum of 30% of the capital stock and granting voting rights for up to the same percentage of 30%. However, the percentage may be increased in reciprocity with the countries that contemplate foreign investments in their media, up to the percentage that they allow. According to Art. 3 of the law, the following sectors are considered media: newspapers, magazines, periodicals, and publishing companies in general; radio broadcasting services and complementary radio broadcasting services; audiovisual and digital content producers; Internet access providers; and broadcasting companies on public roads.
Coverage Media companies, including newspapers, publishing houses, radio broadcasting companies, producers of audiovisual and digital content

ARGENTINA

Since 1984, last amended in 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 19,550 - Corporations Law (Ley General de Sociedades No. 19.550)
The majority of the board members of all companies must be resident in Argentina, according to Art. 256 of Law 19,550. All directors must establish a special domicile for the purposes of notification.
Coverage Horizontal

ARGENTINA

Since November 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 27,328 - Law on Contracts between the State and Private Investors (Ley No. 27.328 de Contratos de Participación Público - Privada)
Law 27,328 regulating contracts between the state and private investors establishes that, in public-private partnership contracts, at least 33% of the goods and services used must be provided by local companies.
Coverage Horizontal

ARGENTINA

Since August 2000

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 25,300 of 16 August 2000 - SMEs Development Law (Ley No. 25.300 de Fomento para la Micro, Pequeña y Mediana Empresa)
Argentina gives preference to Micro, Small and Medium Enterprises (MSMEs) in public procurement procedures through the Compremipyme Programme, established by the Law 25,300. For supply contract, Art. 39 of the law states that the national public sector should apply a 5% preference to tenders from Argentinian MSMEs supplying goods or services produced in the country. For the purchase of goods and services, Art. 39 stipulates a minimum preference rate of 10% in tenders or bids for the procurement of goods and services in which only MSMEs are competing.
Coverage Horizontal

ARGENTINA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Argentina is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal

ARGENTINA

Since May 2018
Since September 2018
Since August 2001

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 27,437 of 13 May 2018 - Buy Argentine and Supplier Development Program Law (Ley No. 27.437 de Compre Argentino y Desarrollo de Proveedores)

Decree No. 800/2018 (Decreto No. 800/2018)

Decree No. 1,023/2001 (Decreto No. 1023/2001)
Art. 2 of Chapter II of Law 27,437 states that a preference for goods of national origin is granted when the amount of the selection procedure is equal or superior to the threshold of Decree 1,023/2001 (Art. 25.d.1 and its complementary provisions), which is reported to be around 8 million Argentine Pesos (approx. USD 66,000). The margin of preference for goods of domestic origin is 15% for Micro, Small and Medium Enterprises (MSMEs) and cooperatives listed in the National Institute of Partnerships and Social Economy of the Ministry of Social Development, and 8% for other enterprises providing identical or similar services under cash payment terms. If the bids are all from companies of foreign origin, a margin of preference of 1% is granted for every five percentage-point share of the gross production value of the covered goods which is locally integrated, up to a maximum margin of preference of 8%. Decree No. 800/2018 is the implementing Decree of Law 27,437.
Coverage Horizontal

ARGENTINA

Since April 2009, extended in September 2015 and July 2021, until July 2026

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Resolution 55/2009, dated 02/23/2009
In April 2009, the Argentine authorities decided to impose a definitive anti-dumping duty under Resolution 55/2009 on imports of electrical connection terminals (HS codes 8536.1000, 8536.5090 and 8536.9090) from China and Germany. This measure was reviewed and extended in September 2015 and subsequently in July 2021 for a period of five years. The rate of duty on imports from China is 208% of the FOB price. The duty rate on imports from Germany is 138% of the FOB price, for a period of 5 years.
Coverage Product: Electrical connection terminals of up to 35 mm2 (HS Codes 8536.10, 8536.50 and 8536.90)

Countries: China and Germany