ARGENTINA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of ratification of the Patent Cooperation Treaty (PCT)
Argentina 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) |
Indicator 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 third parties' lawful use of copyrighted works. 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 organised by educational institutions, provided that the performance is not broadcast and is free of charge.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231210171337/https://servicios.infoleg.gob.ar/infolegInternet/anexos/40000-44999/42755/texact.htm
- https://uk.practicallaw.thomsonreuters.com/w-010-2109?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://www.bakermckenzie.com/-/media/files/insight/publications/2018/04/bk_updated_dbarg_apr18.pdf?la=en
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ARGENTINA
Reported in 2018, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequately enforcement of copyright online
It is reported that the enforcement of intellectual property rights in Argentina is challenging, with stakeholders indicating widespread unfair competition stemming from the sale of counterfeit and pirated goods and services. Moreover, Argentina is reportedly experiencing elevated levels of online piracy, accompanied by inadequate enforcement mechanisms. Stakeholders indicate significant incidences of piracy facilitated through illicit streaming devices (ISDs) and unauthorised internet protocol television (IPTV) applications. In addition, concerns persist regarding the continued use of unlicensed software within governmental institutions in Argentina.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260113225849/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://cloudscorecard.bsa.org/2018/pdf/country_reports/2018_Country_Report_Argentina.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021%20Special%20301%20Report%20(final).pdf
- https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
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ARGENTINA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Argentina has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ARGENTINA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Argentina has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ARGENTINA
Since March 1921, last amended in 2021
Since January 1997
Since April 2019
Since January 1997
Since April 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator 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)
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, establishing a comprehensive protection regime for trade secrets.
Coverage Horizontal
Sources
- https://www.lexology.com/commentary/intellectual-property/argentina/obligado-cia/trade-secrets-in-unfair-competition-legislation
- https://web.archive.org/web/20230313220147/https://www.argentina.gob.ar/normativa/nacional/ley-11179-16546/actualizacion
- https://web.archive.org/web/20231212171323/https://www.argentina.gob.ar/normativa/nacional/ley-24766-41094/texto
- https://web.archive.org/web/20240714084904/https://www.argentina.gob.ar/normativa/nacional/decreto-274-2019-322236
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ARGENTINA
Since December 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Passive Infrastructure Sharing Regulation (Reglamento de Compartición de Infraestructura Pasiva)
There is an obligation for passive infrastructure sharing to deliver telecom services to end users. 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. Moreover, passive infrastructure sharing is practised in the mobile and fixed sectors.
Coverage Telecommunications sector
ARGENTINA
Since July 2003
Since December 2014, as amended in December 2015
Since December 2014, as amended in December 2015
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Law No. 25.750 of Preservation of Cultural Property and Heritage (Ley No. 25.750 de Preservación de Bienes y Patrimonios Culturales)
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Arts. 2-3 of Law No. 25.750 stipulate that foreign equity ownership in Internet service providers may not exceed 30%. This limit may be exceeded in the event of a reciprocity agreement. In addition, Art. 13 of Law No. 27.078 provides that ENACOM (Ente Nacional de Comunicaciones, National Communications Entity) must approve any proposed changes to shareholdings or partnership interests in companies in this sector if such changes would affect the control of the company.
Coverage Internet service providers
Sources
- https://web.archive.org/web/20231214200433/https://www.argentina.gob.ar/normativa/nacional/ley-25750-86632/texto
- https://web.archive.org/web/20211206113550/https://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/239771/texact.htm
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S412R1.pdf&Open=True
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ARGENTINA
Since April 2006
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Act No. 26.092 - Argentine Company of Satellite Solutions (Ley No. 26.092 - Empresa Argentina de Soluciones Satelitales)
Art. 7 of Act No. 26.092 stipulates that 98% of the shareholding in the Argentine Company of Satellite Solutions (ARSAT) shall be allocated to the Ministry of Federal Planning, Public Investment and Services, while the remaining 2% shall correspond to the Ministry of Economy and Production. Pursuant to Art. 7 of the Annex, Class A shares shall be held by the national government, and these shares may not be transferred except with the authorisation of a statute enacted by Congress, as they embody the State’s controlling interest. Consequently, 51% of the shares are designated as Class A and are State-owned, whereas the remainder could, in principle, be admitted to public trading. Reports indicate that ARSAT intends to undertake a public offering of shares to divest 49% of the company’s equity to the private sector; however, as of 2025, this has not yet materialised.
Coverage Telecommunications sector
ARGENTINA
Since April 2006
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Act No. 26.092 - Argentine Company of Satellite Solutions (Ley No. 26.092 - Empresa Argentina de Soluciones Satelitales)
Art. 7 of Act No. 26.092 stipulates that 98% of the shareholding in the Argentine Company of Satellite Solutions (ARSAT) shall be allocated to the Ministry of Federal Planning, Public Investment and Services, while the remaining 2% shall correspond to the Ministry of Economy and Production. Pursuant to Art. 7 of the Annex, Class A shares shall be held by the national government, and these shares may not be transferred except with the authorisation of a statute enacted by Congress, as they embody the State’s controlling interest. Consequently, 51% of the shares are designated as Class A and are State-owned, whereas the remainder could, in principle, be admitted to public trading. Reports indicate that ARSAT intends to undertake a public offering of shares to divest 49% of the company’s equity to the private sector; however, as of 2025, this has not yet materialised.
Coverage Telecommunications sector
ARGENTINA
Since December 2014
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Law 27.078 - Digital Argentina (Ley 27.078 - Argentina Digital)
Art. 47 of Law No. 27.078 stipulates that the National Communications Authority (ENACOM) is vested with competences in matters relating to access and interconnection, which include, inter alia, the implementation of accounting separation and functional separation.
Coverage Telecommunications sector
ARGENTINA
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Reported limits on the number of telecommunications licences
It is reported that a statutory limit applies to the number of licences issued within the telecommunications sector for certain categories.
Coverage Telecommunications sector
ARGENTINA
Since July 1998
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Argentina has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ARGENTINA
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator 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 May 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 24.481 on Patents for Inventions and Utility Models (Ley No. 24.481 de Patentes de Invención y Modelos de Utilidad)
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
Sources
