Madrid Protocol at the Core of Trade Agreement with the US

On February 5, 2026, the United States and Argentina signed a reciprocal trade and investment agreement. In addition to significant reductions in trade barriers, the agreement includes key commitments by Argentina to modernize and further align its intellectual property legislation with international standards.

According to the agreement, Argentina shall submit the Madrid Protocol and the Singapore Treaty on Trademarks to Congress for consideration and a vote on ratification by the end of 2027. The agreement further requires Argentina to fully implement other international agreements that Argentina had already signed and ratified, such as the Paris Convention, the Berne Convention, and the WIPO Copyright Treaty. 

In parallel, the agreement reinforces Argentina’s commitment to effective civil, criminal and border enforcement mechanisms to deter IP infringement, including in the online environment. Particular emphasis is placed on trademark counterfeiting and copyright matters.

Enhanced border measures are a key component, including the obligation to grant customs authorities ex officio powers to act against infringing goods, even in transit. These commitments are coupled with obligations to publish regular enforcement statistics and to develop a national anti-counterfeiting and anti-piracy strategy, pointing towards greater transparency and accountability in IP enforcement.

The interaction between geographical indications (GIs) and trademark rights is also addressed, reaffirming that the recognition or protection of GIs is subject to grounds for refusal or opposition based on the likelihood of confusion with a prior trademark, as well as on whether a term is customary in common language. Argentina undertook to implement transparent and fair procedures for the examination, opposition and cancellation of GIs, expressly recognizing prior trademark rights, consumer perception, actual market use, trade practices and imports as relevant factors. 

We are closely monitoring the developments and will continue to keep our clients informed as further details emerge regarding the implementation of these commitments.

For further information about the implication of the agreement for patents, please refer to https://www.marval.com/publicacion/acuerdo-eeuu-argentina-punto-de-inflexion-para-patentes-17472?lang=en