As previously reported in the INTA Bulletin
, the Argentine government revised the Trademark Law earlier this year through the wide-ranging Decree 27/2018 that aimed to simplify administrative proceedings. Decrees do not require Congressional approval, as they are valid and effective unless they are expressly rejected by both Houses of Congress. Following the decree’s issuance, the Argentine President submitted three draft bills to the Congress to replace the extensive Decree 27/2018.
On May 30, 2018, the Congress passed a law and replaced Decree 27/2018. Regarding trademarks, no changes were introduced, as the law reproduces the wording of the previously issued decree.
Still, the new law is not fully operative, as many provisions of the decree-turned-into-law need supporting regulations to be put into effect. The National Institute of Industrial Property (INPI) has been working on the regulations to implement the changes dictated by the new law, and the whole trademark community is eagerly awaiting them.
In the meantime, INPI issued another transitional regulation under P-144 regarding the opposition negotiation period and extended the April 12 and June 12 deadlines (introduced by Regulations P-026 and P-101, respectively) until September 12, 2018, or until the new opposition proceeding is implemented. However, with respect to the possibility of resorting to the former procedure and having an opposition decided in court, INPI clarified that it has stopped accepting any such cases as of the effective date of the law, which was June 18, 2018.
Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.
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