On February 5, 2026, Argentina and the United States signed the Reciprocal Trade and Investment Agreement (the “Agreement”), aimed at deepening bilateral cooperation in trade, innovation, and development. Among its core pillars, the Agreement incorporates provisions related to intellectual property, fair-trade practices, and geographical indications, establishing new guidelines within the applicable regulatory framework.
In the area of intellectual property, the Agreement emphasize that Argentina shall ensure robust standards of protection through effective enforcement systems in civil, criminal, and border proceedings, including measures aimed at preventing infringements in digital environments. In particular, it prioritizes criminal actions and customs controls in relation to trademark infringements and copyright violations.
In this context, the Agreement contemplates initiatives aligned with the observations set forth in the most recent Special 301 Report, including: (i) the incorporation of criminal sanctions with deterrent effect in intellectual property matters; (ii) granting customs authorities ex officio powers regarding goods in transit; (iii) the strengthening of penalties for counterfeiting offenses linked to criminal organizations; (iv) the reduction of patent prosecution timelines; and (v) the reinforcement of anti-piracy and anti-counterfeiting operations, among other measures.
Furthermore, the Agreement establishes Argentina´s commitment to submit to the National Congress, for consideration and potential ratification, the Patent Cooperation Treaty (PCT) before April 30, 2026, and, before the end of 2027, other relevant international instruments, including the Budapest Treaty (1977), the Madrid Protocol (1989), and the Patent Law Treaty (2000).
With regard to geographical indications, the Agreement establishes that Argentina shall ensure transparency and fairness in protection or recognition procedures, including those arising from international agreements. Additionally, it establishes that, in cases where a term recognized as a geographical indication does not possess a quality, reputation, or other characteristic essentially attributable to its geographical origin, its use shall be permitted in connection with products originating from the United States.
Finally, in relation to fair-trade practices, the Agreement establishes the adoption and implementation of measures aimed at addressing unfair commercial practices of companies controlled or owned by third countries operating within Argentina’s jurisdiction. In this context, it stipulates the commitment to share information with the United States regarding such practices and their effects in third-country markets, in accordance with applicable local regulations. It also provides for bilateral cooperation to: (i) strengthen the regulation and oversight of trade in technologies and goods sensitive from a national security perspective, in line with multilateral export control regimes; and (ii) promote that Argentine companies do not backfill or undermine any United States export controls.
Link to the Agreement.
