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Nov 25, 2014 (Newsletter Issue 18/14)
Argentina
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INPI Creates a New Registry of Licenses


The National Institute of Industrial Property (INPI), by means of Resolution No. 117/2014 of 9 June 2014, has created a new registry of licenses for patents, trademarks, utility models, industrial models and designs, and technology transfer agreements. The registry will be administered by the Technology Transfer Department of INPI.

Registration of license agreements with the registry is voluntary. A registered license agreement will become enforceable vis-à-vis third parties, and, as from the registration date, any third party will be considered to be aware of the existence of the license agreement.
In accordance with Resolution 117/2014, the registry will be applicable to license agreements executed between local residents as well as between Argentine licensors and foreign licensees. Moreover, the authorities have unofficially clarified that the registry will also be applicable to license agreements executed between foreign residents, although no formal amendment to the Resolution has been issued yet.

The creation of the registry supplements the registration of license agreements under the Technology Transfer Law (Law 22.426 of Mar. 12, 1981), which governs the licensing or transfer of technology, including licensing of trademarks, patents, industrial models and designs, and know-how, only from a foreign resident to an Argentine resident, and which grants a special tax treatment in connection with the payment of royalties.

Source: INTA Bulletin, Vol. 69 No. 21 of 2014. Contributor: Marval, O’Farrell & Mairal, Buenos Aires and verifier: Estudio Gold, Buenos Aires