Protecting IP ownership and rights in Argentina: 5 things employers need to know

Intellectual property is a crucial part of what drives every company's success—it sets you apart from your competitors and comprises the value you offer to your customers. That's why it's so important to fiercely protect your company IP—especially as you expand into new, global markets.

If you're hiring in Argentina (or expanding business operations there), that means learning a whole new set of laws and regulations. IP law is complex no matter where you do business, but if your business hasn't operated in Latin America before, learning your way around how best to protect your trade secrets and other confidential information in Argentina can be a major undertaking.

That's where this guide comes in. Below, you'll find five things global employers need to know about protecting IP ownership in Argentina, as well as frequently asked questions about intellectual property rights as you expand your business. Let's get started (note: our guide is for informational purposes, and isn’t intended to provide legal advice).

1. Intellectual property protection from other countries may not extend to Argentina

Argentina is a member of several major international IP treaties, including:

But Argentina has not ratified some of the treaties that enhance the protection of international IP. In other words, if you're a global company with existing IP protection in your home country, that protection may not extend to Argentina. You may need to register for IP rights in Argentina to best protect your company's IP.

This is especially true for U.S. companies—the United States Trade Representative (USTR) has included Argentina on its Special 301 priority watch list since 1996 to warn global businesses that Argentina does not sufficiently protect and enforce IP rights (more on that below).

2. IPR enforcement can be thorny in Argentina

Argentina's regulatory framework for customs inspections of imported goods is in line with international agreements, which allows IP right holders to suspend the release of goods from customs if they suspect counterfeiting that infringes on their IP.

But enforcing other types of IP rights can be tricky in Argentina. The EU warns that enforcement tends to be slow and ineffective, and that injunctions and sanctions allowed under existing intellectual property law often aren't enough of a deterrent to stop infringement.

3. NDAs are enforceable in Argentina

In Argentina, non-disclosure agreements (or NDAs) are generally considered enforceable and legally binding. 

Confidential business information is protected by law in Argentina—TRIPs, Argentina's Confidentiality Law, and the Argentine Criminal Code create a legal framework that says that a person or legal entity can prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent as long as that information is:

But here's where Argentine law falls short: it doesn't specify sanctions for breaking confidentiality laws. That means businesses also need an NDA, and it should clearly and specifically outline injunctions, damages, arbitration proceedings, or other procedures or consequences that will occur if the NDA is breached.

4. Employers should take steps to make sure they own IP created by employees or contractors

The general rule in Argentina is that inventions or works created by an employee belong to their employer if the employee was hired for the purpose of creating inventions or works. Otherwise, ownership falls to the inventor.

There's no legal requirement for having a written agreement specifying who owns what in an employment relationship, but it's highly recommended that employers in Argentina include a clause in their employment contracts to cover the following provisions:

Employers should do the same for independent contractors. Note that inventions or works made by independent contractors who were hired to invent and create are generally assumed to belong to the person or entity that hired them

Worker classification could cost you more than just a fine

See Rippling

5. IP can be assigned—but the assignment needs to meet certain requirements

IP rights can be transferred (or assigned) between individuals and entities in Argentina, but the requirements for assigning IP vary depending on the type.

For patents, patent applications, and utility models:

It's also recommended (but not required) to include the deed of letters patent with the agreement. This can be requested from the INPI.

For trademarks:

For copyrights:

For industrial design rights:

Our team of experts can help you navigate the complexity of Argentinian IP law

Talk to an HR expert

Frequently asked questions about IP law in Argentina

Run your global workforce with Rippling

With Rippling, you can onboard employees and contractors in just 90 seconds. ​​Generate NDAs, PIIAs, offer letters, and any other documents you need, then easily send them out for e-signature.

Plus, you can pay all of your employees and contractors around the world, without waiting on transfers or currency conversion.

Rippling allows you to manage HR, IT, and Finance in one unified system—and automate your global compliance work. See Rippling.

Looking to hire in Argentina?