Your Subscription

We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.





Login
Twitter LinkedIn




Login
  • Home
  • About
  • Updates
  • Awards
  • Contact
  • Directory
  • OnDemand
  • Partners
  • Testimonials
Forward Share Print
Obligado & Cia

New Civil and Commercial Code and industrial property rights

Newsletters

16 February 2015

Intellectual Property Argentina

Introduction
Laws supplementing Civil and Commercial Code
Corporate names, designations and trademarks



Introduction

As industrial property rights constitute an essential element of modern enterprise, they are typically addressed in commercial law. Thus, in Argentina, trademark and patent laws are supplementary to the Commercial Code in force.

The recently passed Law 26,994 approves the new Civil and Commercial Code, and Section 4 will repeal the existing Civil and Commercial Codes when it comes into effect on August 1 2015.

The question of what will happen to industrial property laws when the new code comes into force needs to be examined. The same question is pertinent as regards other related regulations (eg, the Confidentiality Law (24,766) and the Defence of Competition Law (25,156)).

Laws supplementing Civil and Commercial Code

Section 5 of Law 26,994 provides that:

"The laws that currently integrate, supplement or are incorporated into the CIVIL CODE or the COMMERCIAL CODE, except for the provision of Section 3 of this law, remain in effect as laws that integrate or supplement the ARGENTINE CIVIL CODE AND COMMERCIAL CODE approved by Section 1 herein."

Accordingly, existing laws with mercantile contents that supplement the Commercial Code remain in effect as laws which supplement the new Civil and Commercial Code. This includes the Trademark Law (22,362), the Patent Law (24,481), the Confidentiality Law (24,766) and the Defence of Competition Law (25,156).

Corporate names, designations and trademarks

In commercial fields, it is common to use virtually indistinct expressions such as 'corporate names', 'trade names' or 'designations'. However, these expressions must be clearly specified and distinguished.

A corporate name distinguishes a corporation, and its use and protection are based on the Companies Law (19,550). The regulation of a designation is based on the Trademark Law (in accordance with Article 27, a 'designation' is a name or sign that designates a profit-making or non-profit-making activity). Similarly, Law 11,867, which regulates the transfer of industrial and commercial establishments, deals with certain aspects related to this subject by using the terminology 'trade name'. The existing Companies Law (19,550) will also be modified under Law 26,994.

Section 151 of the new code contains a provision applicable to the names of all legal persons – including companies – which is relevant for corporate names, designations and trademarks. It provides that such names:

"must meet the requirements of veracity, novelty and distinctive capacity, both in relation to other names, such as marks, fancy names or other ways to refer to goods or services, whether or not they are related with the purpose of the legal person".

For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100), fax (+54 11 4311 5675) or email (dzuccherino@obligado.com.ar). The Obligado & Cia website can be accessed at www.obligado.com.

The materials contained on this website are for general information purposes only and are subject to the disclaimer.

ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.

Forward Share Print

Author

Daniel R Zuccherino

Daniel R Zuccherino

Register now for your free newsletter

View recent newsletter

More from this firm

  • Trade secrets legal regime – an updated overview
  • Use of third-party trademarks as keywords
  • New legislation on unfair competition and designations of origin
  • Unfair competition and trademark protection
  • Trademark rights and comparative advertising

More articles

  • Home
  • About
  • Updates
  • Awards
  • Contact
  • My account
  • Directory
  • OnDemand
  • Partners
  • Testimonials
  • Follow on Twitter
  • Follow on LinkedIn
  • Disclaimer
  • Privacy policy
  • GDPR Compliance
  • Terms
  • Cookie policy
Online Media Partners
Inter-Pacific Bar Association (IPBA) International Bar Association (IBA) European Company Lawyers Association (ECLA) Association of Corporate Counsel (ACC) American Bar Association Section of International Law (ABA)

© 1997-2021 Law Business Research

You need to be logged in to make a comment. Log in here.
Many thanks. Your comment has been sent.

Your details



Your comment or question *