InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Argentina: Double protection for industrial models and designs




As previously explained in our October 2016 briefing, industrial models and designs consist of the shape or ornamental aspect of industrial products.

Decree No 6,673/63 ratified by Law No 16,478 regulates the legal protection of industrial models and designs through the industrial law.

However, under the Argentine Law, it is also possible - in certain cases - to protect the models and designs under Law 11,723 of Intellectual Property (Copyright), which refers to "models and works of art or science applied to commerce or industry", when the drawings or models are substantially covered in their aesthetic aspect. If this creation may still be considered a work even after being dissociated from the product, the custody of the work may be claimed in virtue of the copyright law.

It should be borne in mind that even though double protection is possible under Section 28 of Decree 6,673/63 when a model or industrial design registered according to the above-mentioned decree may have also been registered under Law 11,723, the author may not claim them simultaneously in the judicial defence of his rights.

However, protection under one rule or the other has consequences in the terms: if the work is protected under Decree 6,673/63, the term shall be five years extendible for two periods; but protection based on copyright law remains in effect during the entire life of the author, plus 70 years counted from January 1 of the year following the author's death.

Zuccherino_DanielR-100
Daniel R Zuccherino

Obligado & Cia
Paraguay 610, 17th Floor
C1057AAH, Buenos Aires, Argentina
Tel: +54 11 4114 1100
Fax: +54 11 4311 5675
admin@obligado.com.ar
www.obligado.com


Comments






profile

Managing IP

ManagingIP

ManagingIP profile

RT @devlinhartline: I'll be live-tweeting today's PTAB teleforum here: @cpipgmu

Aug 18 2017 03:53 ·  reply ·  retweet ·  favourite
ManagingIP profile

All in the IP community will be thinking of the victims of the #Barcelona attack, especially given warm welcome rec… https://t.co/HB9SDBERe2

Aug 18 2017 01:29 ·  reply ·  retweet ·  favourite
ManagingIP profile

Consumers mistake lookalikes for brands in 20% cases when both are on shelf - @JN_BrandsGroup @AcuityIntel research… https://t.co/SDxipoYf2O

Aug 18 2017 10:44 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


null null null

Mid Year 2017

Eastern District suffers Heartland attack

The Supreme Court’s TC Heartland v Kraft decision has been hailed as the death knell for the Eastern District of Texas, with one analysis predicting a 69% drop in filing there. But, as Natalie Rahhal reports, the picture may be more nuanced than that



Most read articles

Supplements