CLIENT ALERT
May 20, 2019 |
Argentine Government Issues Regulatory Decree on Designs
On May 13, 2019 the Argentine Government issued Decree No. 353/2019 regulating the provisions of the Designs Law, which was amended in 2018.
This Decree deals mainly with administrative issues, which are summarized here:
1. Waiver: design owners may waive their rights; when a single registration comprises multiple designs (which became possible with the 2018 amendment), the petitioner must indicate which designs are comprised in the waiver.
2. Classification: the industrial products, as well as the handicrafts, which are the object of the design shall be classified in accordance with the Locarno Agreement edition, or any other the Argentine PTO may adopt in the future, in force on the date on which the application was filed.
3. Renewals: the designs may be renewed, upon request from the owner and payment of the requisite fees. The rights shall expire automatically, once the term runs out, if the owner fails to submit an application for renewal or if it is rejected.
4. Formalities: the Argentine PTO shall determine the formal requirements for filing an application for the registration of a design. The following shall be deemed to constitute a breach of such requirements: filing the application without the drawings, photographs or digital representations; immoral or scandalous designs, or those against the ordre public; and failure to timely respond to the objections made by the PTO. The first two cases are to be decided by the Designs Division without further proceedings (but may be appealed before the President of the PTO and thereafter before the Federal Courts).
5. Assignment of single or multiple registrations: assignment rights apply to both single or multiple registrations.
6. Publication: the PTO shall determine where the grants, renewals, assignments and cancellations of the designs shall be published.
7. Transformation: in order to keep the Convention priority, the right to transform a patent or utility model application into a design registration must be exercised within 30 calendar days from the date on which notice was served on the applicant of the PTO’s objections.
This decree will become effective on July 13, 2019.
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This newsletter is intended to provide readers with basic information concerning issues of general interest. It does not purport to be comprehensive or to render legal advice. For advice about particular facts and legal issues, the reader should consult legal counsel.
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