Argentine Legislation

We are specialist in local law relating to trade marks, patents, intellectual property and commercial companies. Here we present a summary of the Argentine law on the subject.

Intellectual Property Legislation

Copyright describe the rights given to creators for their literary and artistic works.

The kind of works covered by copyright include among others; literary works such as novels, poems, plays, newspapers and news programs; databases; films, musical compositions and choreographies; artistic work such as paintings, drawings, photographs and sculpture; architectural works; advertisements, maps and technical drawings; web pages; television programs; software.

The original creators of the works covered by copyrights, and the heirs have certain basic rights. They have the exclusive right to use and authorize others to use the work in accordance to agreed terms.
These rights have a limited period, in Argentina it is for 70 years after the death of the creator. The different legislation can establish longer periods. This period allows the creators and his or her heirs to obtain financial advantage during a reasonable period of time.

Copyrights also include moral rights, which include the right to claim the authority of a work and the right to oppose to modifications that may attempt against the creator.

During the last fifty years, a number of rights related to copyrights have been developed. These rights have evolved for the works covered by copyrights and provide similar rights although, frequently more limited and for a shorter time for:

  • The performer artists (actors and musicians) in their interpretations and performances;
  • The producers of sound recordings (for example, cassettes and compact discs recordings) in their recordings;
  • Broadcasting organizations in their television and radio programs.

The extension of copyrights and related rights have expanded enormously thanks to the technology progresses carried out during the last decades, that have provided new ways of spreading the creations (broadcasting by satellite and compact discs and others).