ALBARELLOS | ASOCIADOS

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2011

Ezpeleta 3095 (CPA C1640FYS) Martínez | Pdo. de San Isidro Pcia. de Buenos Aires | Argentina

Phone/Fax (54 11) 4717-2961 E-mail: claudioalbarellos@fibertel.com.ar

Web Site: www.albarellosasociados.com.ar

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OUR FIRM

The intangible assets have adquired an importance in the production and the commerce in the actual economy. Nowadays, the technology, the design, the diferentiation of the product or service are more decisive for the competence in the local and international markets. At the same time, the increase of the information and the cultural progress have emphasized the importance of the works and intellectual creations. The increased importance of the protected works, the changes in the protection legal systems and the internationalization of this matters need the intervention of proffesionals with specialization in Intellectual Property Rights. ALBARELLOS | ASOCIADOS is specialized in Intellectual Property and related matters: patents, models, designs, trademarks, domain names, licenses, unloyal competition, industrial secrets,

copyrights, breeder's rights, e-commerce, legal aspects related with Internet and litigation in this matters. ALBARELLOS | ASOCIADOS offer you services that not only include the preparation and filing of applications in order to obtain the corresponding registration, also we lend you services for the adquisition, maintenance and renovation of Intellectual Property Rights. For the technical matters related with the Intellectual Property Rights in topics of patents, models and designs, our legal department is always supported by an technical department integrated by engineers and technicians duly qualified to answer your consults in said areas.

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PATENTS AND UTILITY MODELS

WHO MAY APPLY Application may be made by the

inventor or by a firm or corporation, national or foreign, having their actual or legal domicile duly established in the country.

“First to file” system is applied.

SUBJECT MATTER Inventions of products or processes

shall be patentable, provided that they are novel, that they involve an inventive activity and that they are fit for industrial application.

“Invention” is defined as any human creation that transforms matter or energy for the benefit of mankind.

Living matter and substances previously existing in nature are not patentable.

Only one independent claim is accepted.

NOVELTY Absolute novelty is required. The disclosure of an invention shall

not affect its novelty, provided that within one (1) year before the date of the filing of the patent application, or in case of acknowledged priority, such invention has been disclosed by any means of communication or has been exhibited in Argentine or international exhibitions.

REVALIDATION Revalidation patents can not be filed.

Re-issue is not possible. PHARMACEUTICAL PATENTS Pharmaceutical products can be filed,

but protection is granted only as from March, 2.001.

PATENT RIGHTS The patent owner has the right to

exclude third parties from manufacturing, using, offering for sale or importing the subject matter of the patent without his / her consent.

CONFIDENTIALITY All documents required for filing a

patent application shall be kept confidential until published.

DURATION The duration of a patent is 20 years

from the application’s filing date. Utility models are protected for a term

of 10 years from the application filing date.

LICENSES Patents and Utility Models may be

transferred and licensed totally or partially.

License agreements must be recorded with the Patent Office to be enforceable against third parties.

In certain cases, the Patent Office may impose the granting of compulsory licenses.

WORKING The Argentine law requires the

invention to be worked within two years from the date of its granting. Local manufacture is not necessary. Distribution and commercialization of the product should meet the demand of the domestic market.

INFRINGEMENT Criminal sanctions –fines and

imprisonment- are provided for by statute, for anyone who violates patent rights. Civil and criminal actions are also included to prosecute infractors, as well as injunctions to stop the offense, such as “seizure, inventory and attachment of the falsified objects”.

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The Argentine Federal Courts have jurisdiction over both validity and infringement.

STATUTORY LAW Patent and Utility Models are

governed by Statute No. 24.481 and Statute 24.572 of 1996 and by Regulatory Decree.

ANNUITIES Patents and Utility Models are subject

to annuities. Annuities shall be paid in advance

during the term of validity of the patent.

The Annual Maintenance Rate for the

first year shall be paid within 90 days

from the date of granting of patent.

An extension of 180 days from the

expiry of the payment of each unpaid

annuity is allowed, with a thirty per

cent (30%) surcharge rate on the

corresponding annual rate.

FILING REQUIREMENTS

DETAILS Inventor(s). Full name and address of

the inventor/s. (Note: The inventor

has the right to remain anonymous).

Applicant(s): Full name and address.

Body corporate: business or registered

office address.

Priority: country, number and filing

date of the foreign patent application

or applications.

When the patent application refers to

a microorganism, full name and

address of the institutions where the

microorganism is being deposited,

date of deposit and registration

number with the institution where it

has been deposited.

DOCUMENTS Power of Attorney: Signed by

applicant or applicant’s duly

authorized representative. Where a

representative signs, full name and

capacity must be indicated.

Legalization required.

Assignment: Signed by each inventor.

Specification: a technical description

of the invention. If such description is

written in any language other than

Spanish, it must be translated.

Claims: one or more claims. Only one

independent claim is acceptable.

Title of the invention.

Drawings: all necessary technical

drawings for a thorough

comprehension of the invention

referred to in the specifications or

disclosure.

Abstract of the description of the

invention.

Certificate of deposit of the

microorganism issued by the

institution where it has been

deposited when relevant.

Priority document: certified copies of

the priority or priorities claimed in the

application. If not in Spanish,

translation is required.

Assignment of priority rights: If the

petitioner of the Argentine application

is not the petitioner for the basic

application, then an assignment of

priority rights from the original

applicant is required.

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INDUSTRIAL DESIGNS

SUBJECT MATTER The scope or configuration

incorporated in or applied to an industrial product, which confers ornamental character upon it.

To be valid for protection, industrial designs must involve ornamentation, novelty and industrial character and be lawful.

WHO MAY APPLY The author of an industrial design and

his/her legal successors are entitled to deposit the design.

DURATION The term of protection is for five years

beginning on the date of deposit and may, at the request of the owner, be extended for two additional consecutive terms of the same duration.

SPECIAL PROVISIONS The law also allows the assignment,

renewal and cancellation of industrial designs.

Infringement of industrial designs is punishable under criminal law.

STATUTORY LAW Industrial designs are the subjects of

Law Decree 6,673/63 ratified by Statutory Law 16,478.

FILING REQUIREMENTS

DETAILS Applicant(s): Full name and address.

Body corporate: business or registered

office address.

Priority: country, number and filing

date of the foreign patent application

or applications.

Specification: A patent-type

description of the ornamental features

is needed. We can prepare the final

text on the basis of information

supplied to us.

Drawings: One copy on "Bristol-type"

board, and two on plain white paper,

Size 210x297 mm with a 30 mm

margin space left free on all sides.

Application can only be filed with

formal drawings.

Each sheet of drawings may contain a

maximum of three figures.

DOCUMENTS Legalized power of attorney form. Priority: certified copies of the priority

or priorities claimed in the application. No legalization required.

Assignment of priority rights: If the applicant of the Argentine application is not the applicant for the basic application, then an assignment of priority right from the original applicant is required.

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TRADEMARKS

WHO MAY APPLY Anyone having a legitimate interest

may apply to register a trademark or service mark.

The first applicant is entitled to the registration.

Prior use is not necessary. Ownership of a trademark and the

right to its exclusive use are acquired by registration. In order to own a mark and to exercise the rights that such status confers it is sufficient to have a legitimate interest.

SUBJECT MATTER Any sign, capable of distinguishing

goods or services, is registrable as a trademark, provided that it is distinct and lawful.

Words, with or without meaning; drawings; emblems; monograms; engravings; stampings; seals; images; bands; combinations of colors applied to a particular place on the products or containers; wrappers; containers; combinations of letters and/or numbers; letters and numbers of a special design; advertising phrases; distinctive relieves, and all other signs having such capacity. They can be fanciful or arbitrary terms.

Suggestive marks (partly descriptive but primarily distinctive) can be registered.

WHAT CAN NOT BE REGISTERED

Generic or descriptive marks are ineligible for trademark registration.

National symbols, names of living figures, immoral, scandalous and similarly offensive marks cannot be registered.

Names, words, or advertising slogans that have passed into general use prior to the application for registration.

The shape of the products. The natural or intrinsic color of the

products or a single color applied thereto.

Identical or similar marks to those previously registered or applied for to the same products or services.

Marks liable to lead to error with respect to the nature, properties, merit, and quality, manufacturing methods, purpose, origin, price or other characteristics of the products or services they are intended to distinguish.

Foreign or domestic denominations of origin. Thus, a mark is prohibited only if the term is primarily geographically significant with respect to the particular product in the market in which it is sold.

THE INTERESTS PROTECTED The owner of a registered trademark

may have the right to file a lawsuit to exclude others from using his mark.

He also has the right to prevent others to profit from his mark and reputation.

The right to protect the owners reputation from association with inferior goods.

The rights of the public in being free from confusion and mistake.

TRADE NAMES Are protected without the

requirement of registration.

CLASSIFICATION Argentina adheres to the International

Classification of Goods and Services. (Nice Agreement).

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A separate application is required for each class.

Registration of a mark for all goods in a class is possible.

OPPOSITIONS Trademark applications are published

in the Patent and Trademark Bulletin. Oppositions may be filed within 30 days from date of publication.

After filing the opposition, it is up to the opposed party to contact the opponent and attempt an amicable solution. In default thereof, a lawsuit for undue opposition may be filed in order to keep the application going.

The purpose of filing an opposition is to protect a trademark from confusion or dilution.

ARBITRATION PROCEDURE Before filing a complaint, the

Argentine law requires official mediation procedure.

DURATION The duration of a registered mark is

ten (10) years from the date of its granting. It may be renewed indefinitely for additional periods of ten (10) years, provided that the mark was used within the five years preceding each expiry date. Use of the mark is required for the maintenance of the registration.

FAMOUS TRADEMARKS Famous or well-known trademarks

have been granted special protection by law and by court decisions. In effect, article 24.b of Trademarks Act N. 22,362 provides that trademarks

are null and void when registered by anyone who, when applying for registration, knew or should have known that they belonged to a third party.

INFRINGEMENT Trademark infringement is punishable

by fine or imprisonment. The law provides specific cautionary measures to ascertain that a trademark right is being infringed and to individualize infringes.

STATUTORY LAW Trademark Act 22,362 of December

26, 1980 protects both trademarks and service marks.

FILING REQUIREMENTS

DETAILS Applicant(s): Full name and address.

Body corporate: business or registered office address.

Priority: country, number and filing date of the foreign patent application or applications.

Trademark description. Products or services to be protected

by the application. If the mark has a design, copy of such

design. DOCUMENTS Legalized Power of Attorney form. Priority: certified copies of the priority

or priorities claimed in the application. Assignment of priority rights: If the

applicant of the Argentine application is not the same applicant as the one of the originally filed, then an assignment of priority right from the original applicant is required.

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COPYRIGHTS

SUBJECT MATTER Any scientific, literary, artistic or

didactic production, whatever the means of reproduction.

GRANTED RIGHTS Economic rights and the exclusive right

to make copies, license, and otherwise exploit a literary, musical, or artistic or didactic work, whether printed, audio, video, etc.

Translators and adapters of other people’s works have also granted rights.

MORAL RIGHTS Paternity and integrity of the work are

recognized by law, which prohibits any modification to the title and to the form given by the author.

These rights are inalienable.

DURATION Works are protected for the lifetime of

the author or creator plus a period of 70 years after his or her death.

Anonymous works published by legal entities are protected for 50 years, cinematographic works for 50, and photographic works for 20 years. These terms apply from the date of publication.

REGISTRATION Protection of the work is obtained

through registration with the National Authorship’s Direction. Failure to

register implies a suspension of protection. Transfer and assignment of patrimonial rights is also permitted. To be valid against third parties the assignment must be registered with the at the National Authorship’s Direction (Copyright Office).

FOREIGN WORKS Foreign works are protected, provided

that reciprocity with the relevant country exists. They do not need to be registered in Argentina, but to enjoy the

Protection of Argentine law authors must prove they have complied with the formalities of the country of publication.

INFRINGEMENT The law provides sanctions for

violations of copyright. Criminal copyright law condemns all

unauthorized use for commercial purposes. However, it also sanctions reproduction or distribution for commercial or non-commercial purposes.

STATUTORY LAW Statute 11,723 governs copyright since

1933.

FILING REQUIREMENTS

DOCUMENTS Power of Attorney form signed by the

applicant and duly legalized. Copy of the work to be deposited. DETAILS Title of the work to be registered. Name, address and nationality of the

author or the legal owner of the rights if it were another person.

Inform whether the work has been marketed.

If it were a derivative work, the title of the original work.

If it was published previously abroad, specify year and country.

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SOFTWARE PROTECTION

SUBJECT MATTER Computer programs databases. Programs and databases must have

sufficient originality and authorship to be protected.

REGISTRATION Copyrightable works can be registered

with the Copyright Office by making either a “closed” (i.e., sealed) or an “open” (i.e. unsealed) deposit of the work. A closed deposit only proves the registration date. It does not determine prima facie the applicant’s ownership of the registered work. The work deposited remains sealed and can be disclosed if an infringement action is initiated by or against the applicant.

An open deposit, however, determines prima facie the applicant’s ownership of the work, and the burden of producing evidence to the contrary is now up to the challenging party.

Decree 165/94 of 2/8/94 provides for the registration of published and unpublished works.

PUBLICATION A software product or database is

deemed published when it is made available for the general public, either by means of its reproduction in multiple copies commercially distributed or through the general

offer of its transmission “at distance” with purposes of exploitation.

Pursuant to the court ruling in IBM vs. La Nación of 1984, patent protection for a program may apply if the program is in combination with some hardware device. The new Patent Act, however, specifically precludes patentability of computer programs per se.

STATUTORY LAW Statute 11,723 was enacted in 1933

and, therefore did not contemplate software works. The Copyright Office however, has peacefully registered software for protection purposes. Only recently did the Argentine Government expressly regulate software protection (Decree 165/94 of 2/8/94).

DEPOSIT REQUIREMENTS DOCUMENTS Power of attorney form signed by the

applicant and duly legalized Copy of the program to be deposited. User’s manuals, if any. DETAILS Title of the work to be registered. Name, address and nationality of the

author or the legal owner of the rights if a different person.

Specify whether the work has been marketed.

If derivative, the title of the original work.

Brief description of the functions of the work (not more than two lines).

Indicate uses or applications. Indicate if the attached program is an

object program or a source program. The latter does not need to be attached.

Programming language. Language of the work. Operating system. Indicate whether it has been

previously published abroad, specifying year and country.

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PLANT BREEDERS RIGHTS

SUBJECT MATTER

The subject matter of the law is the protection of created or discovered new cultivars of all species.

The scope of the Plant Breeder’s right involves propagating material.

The statute includes “discovered” new varieties. The objective of this inclusion is to enable protection of ‘sports’ (plants that deviate from the variety) of fruit-tree varieties.

The term of deposit shall exceed four years from the date of registration in the country of origin.

Seed samples should be available if the Registry so requires.

DURATION The protection term is of 20 years.

PATENT PROTECTION Plant varieties are excluded form

patent protection by the new Patent Act 1995.

EXEMPTIONS AND PRIVILEGES The protection of a variety does not

impede its utilization as a source for further breeding (breeder’s exemption).

Farmers may save seed from their own harvest for uses other than commercial marketing. This exemption does not apply to ornamental plants and cut flowers (farmer’s privilege).

COMPULSORY LICENSES Compulsory licenses apply only in the

public interest. Thus, where the produce of a crop is not available in Argentina, or where the owner does not supply the public need with the seed of the cultivar in reasonable quantity and price, a compulsory license may be ordered. Consequently, the rightholder must be adequately compensated.

STATUTORY LAW Statute 20.247 of March 1973 governs

plant Breeders rights. Argentina is a member of the

International Union for the Protection of New

Varieties of Plants (UPOV) Act of 1978; since 1994

FILING REQUIREMENTS DETAILS Inventor(s). Full name and address of

each inventor full name of the inventor or inventors if it were corresponding.

Applicant(s): Full name and address.

Body corporate: business or registered office address.

Priority: country, number and filing date of the foreign patent application or applications.

Fully detailed description of morphological and physiological characteristics of the variety. Said characteristics should be the most descriptive ones. If possible, photographs or drawings shall be sent in order to illustrate the corresponding aspects.

Date of stability. Duration of Ownership Certificate. If variety was registered in any other

country. Site where said cultivation was

obtained. Technical Producer. Procedure for keeping the purity.

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Information on genetic origin. Method of obtainment and/or selection. History on improvement of variety.

If it is an organism genetically modified by recombination of DNA indicate designation of the event of transformation.

Grounds for novelty and other remarkable aspects.

DOCUMENTS Copy of Ownership Certificate granted.

Power of Attorney: Signed by applicant or duly authorized representative of the applicant. Where a representative signs, full name and capacity must be indicated. Legalization required.

Assignment: Signed by each inventor. Priority document: certified copies of

the priority or priorities claimed in the application. If not in Spanish, certified translation is required.

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INTERNATIONAL TREATIES SIGNED BY ARGENTINA

Paris Convention (Lisbon text)

GATT/TRIPS (Uruguayan Round,

Marrakech 1994)

Bern Convention (Brussels 1948)

Universal Convention (Geneva 1952)

Buenos Aires Convention on Literary

and Artistic Work (1910)Inter-

American Convention (Washington

1946)

Convention for the Protection of the

Phonogram Procedures (Geneva 1997)

International Convention for the

Protection of New Varieties of Plants

UPOV (1978)

World Intellectual Property

Organization

International Convention for the

Protection of the Rights of Performers,

Phonogram Producers and

Broadcasting Organisms. (Rome, 1961,

Geneva 1987)

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LEGALIZATION OF DOCUMENTS

POWER OF ATTORNEY BY THE APPLICANT Notarial attestation and Consular

legalization are necessary unless

signed in a country which is a

member of the Hague Convention

of 1961, in which case the

"Apostille" will suffice. A single

Power of Attorney will be enough

for any number of applications,

unless restricted to a particular

case. This document must be

presented at the act of the

application or within 40 days as

from the filing date.

ASSIGNMENT OF PRIORITY RIGHTS When the applicant in Argentina is

not the same as the original

applicant (on which the priority

claim is based), the law requires

that either a simply signed original

assignment or else a copy of the

original assignment of the basic

application be filed within 90 days.

This document may be either

certified by the Patent Office

where it is recorded, and

notarized and legalized by an

Argentine Consul (unless signed in

a country which is a member of

the Hague Convention of 1961, in

which case the "Apostille" will

suffice).