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ARGENTINA

Since December 2015

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the "Ente Nacional de Comunicaciones" (ENACOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

ARGENTINA

Since August 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decree No. 690/2020
Decree No. 690/2020 has been signaled as a potential hinder to the bidding processes for the fifth generation of mobile telephony technologies (5G) that the Government wants to carry out in the first quarter of 2023. It is reported that, if the prices of services are determined by the State as stated in this Decree, companies would not be able to recover their investment.
Coverage Telecommunications sector

ARGENTINA

Last reported in 2016

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Lack of transparency in telecom regulatory framework
It has been reported in 2016 that telecommunication regulations differ significantly on the municipal level, which creates ambiguity for infrastructure deployment. This is especially so for rules regarding wiring and the installation of antennas.
On the other hand, the Information and communications technology service licensing Regulation ("Reglamento de licencias de servicios de tecnologías de la información y las comunicaciones") from November 2017 simplifies the requirements to obtain a license. Among corporate documents, a sworn statement is required to be filed to ensure compliance with standards and technical specifications for the rendering of ICT Services (Art. 5.3.d). The license will be tacitly granted if the National Communications Agency (ENACOM) does not issue a decision within 60 days after the application has been filed (Art. 7). According to the same Regulation, providers of active and passive infrastructure leasing services and associated resources for the rendering of ICT Services are exempted from the obligation to obtain a license (Art. 2).
Coverage Telecommunications sector

ARGENTINA

Reported in 2021

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Complaint on long-standing applications for satellite networks
Argentina has a single licensing system, regulated by the National Entity for Communications (ENACOM), for the provision of all types of telecommunications services, with or without its own infrastructure. When applying for a license, national and foreign operators are subject to the same requirements. The single license does not expire unless the operator requests its cancellation or ceases to fulfill its obligations as a service provider.
However, it has been reported that there are several long-standing applications for authority to operate certain satellite systems [fixed-satellite service (FSS), including the Ka-band (17.2-20.2 GHz uplink and 27.5-30 GHz downlink)] pending at the Undersecretariat of Information and Communications Technologies, who has failed to provide any information on the reason for the delay in processing such applications. Also, it has been reported that the country has high spectrum usage fees for satellite services.
Coverage Satellite networks

ARGENTINA

Since April 2006
Since September 2015

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Law No. 26,092 - Argentine Company of Satellite Solutions (Ley No. 26.092 de Empresa Argentina de Soluciones Satelitales)

Law No. 27,208 - Satellite Industry Development Law (Ley 27,208 - Ley de Desarrollo de la Industria Satelital)
The Empresa Argentina de Soluciones Satelitales S.A. (ARSAT) is an Argentine state-owned company that belongs to the government of the Argentine Republic. The company was created in 2006 by Law No. 26,092, it operates the federal fiber optic network (ReFeFo), and provides retail fiber optic and satellite communications services. According to Art. 8 of Law 27,208, 51% of ARSAT belongs to the Argentine State, while the remaining 49% is in private hands.
Coverage Telecommunications sector

ARGENTINA

Since December 2014
Since September 2000

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 27,078

Decree No. 764
Argentina has established both functional (Art. 47 of Law No. 27,078) and accounting separation (Art. 12 of Decree No. 764) by law for the operator with significant market power.
Coverage Telecommunications sector

ARGENTINA

Since April 2006

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 26,092 - Argentine Company of Satellite Solutions (Ley No. 26.092 de Empresa Argentina de Soluciones Satelitales)
According to Law 26,092, the state-owned Empresa Argentina de Soluciones Satelitales S.A. (ARSAT S.A.) operates the federal fibre optic (backbone) network (ReFeFo) and provides retail fibre optic and satellite communication services. ARSAT acts as both a satellite operator and as a reseller of satellite capacity to third parties. The company holds exclusive rights to operate and commercialize geostationary orbital position 81W in Ku-band (North and South America) and C-band (hemispheric coverage). The regulator for the telecommunications sector, the National Entity for Communications (ENACOM) allocates frequency bands to ARSAT directly and not through auctions. In 2019, it was decided that the frequencies not used by ARSAT would be put up for auction. However, the auctions have not yet been held.
Coverage Fibre optic and satellite services

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 & 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 Adoption of the World Intellectual Property Organization (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

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