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.

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.

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.

Argentina has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Argentina has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

Argentina has signed the Patent Cooperation Treaty (PCT) in December 1970, but has not ratified it.

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.

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.

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.

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.

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.

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.

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.

Argentina is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).