New Regulations on Collective Marks

Decree No 1384/08, published in the Official Gazette of August 29, 2008, approved in its Exhibit I the regulation of Law No 26,355 protecting Collective Marks, which are any sign identifying products or services manufactured or rendered by the associative forms aimed at the development of the social economy.

The decree states that the Ministry for Social Development by means of the Secretary of Social Policies and Human Development will be in charge of controlling the compliance of the Collective Mark law. In that sense, it will be able to issue the necessary regulations to achieve the development and promotion of marks for the social economy.

The Ministry for Social Development will be the exclusive owner of the “common distinctive sign” (“signo común distintivo”) which will identify the products or services of the social economy to which the Collective Mark will be applied.

The organizations acting within the scope of Law No 26,355 should issue rules and necessary procedures to simplify the applications filed against them. In case of doubt, the National Institute of Industrial Property (INPI) will apply the most favorable rule in benefit of those protected by the Collective Mark law.

The main provisions of Exhibit I are the following:

(i) The rules for Collective Marks will be applied to source indications regarding cultural, ethnic, historical, anthropological and any other background which serve to better differentiate products and services.

(ii) The Secretary of Social Policies and Human Development will create the specific Registry of Applicants for Collective Marks.

(iii) The applicant for the registration or of the transfer of a Collective Mark will have to include the regulations governing the use of the mark.

(iv) The Collective Mark will only be assigned to those who can be the owners of such marks according to the law.

(v) The associations which were created before the law entered into force will follow their respective articles of association as long as they comply with the regulations prescribing the use of the mark.

(vi) Penalties may be included in the regulations governing the use of the Collective Mark, namely: suspension or temporary cancellation or permanent cancellation of the authorization of use. Those resolutions may be appealed against the Federal Court in Civil and Commercial Matters of the City of Buenos Aires. Furthermore, those penalties may be imposed by the Secretary of Social Policies and Human Development.

(vii) INPI will issue the application form for the Collective Mark registration.

(viii) The applicant for a Collective Mark may only apply for the registration for certain classes of products or services excluding those which are not of his interest, without any additional cost.

(ix) INPI will solve the oppositions received by the applicant within the term of 6 months as of the official notice of such objection. INPI’s resolution may be appealed against the Federal Court in Civil and Commercial Matters of the City of Buenos Aires, within a term of 30 working days as of the service of notice.

(x) The beneficiaries of Law No 26,355 shall not be subject to payment of fees.

(xi) The Secretary of Social Policies and Human Development will give free legal advice to the beneficiaries of Collective Mark law and it will also issue the necessary rules so as to assist them through the design of programmes for such purpose.

(xii) In case of an infringement of a Collective Mark, the owner will be able to apply for the precautionary measures before the Courts to protect his rights, such as seizure, description and inventory of products.