Allende & Brea – Estudio Jurídico

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

United States and Argentina Announce a New Framework for Economic Cooperation Impacting Intellectual Property

The presidents of Argentina and the United States announced on November 13 of this year an important step to strengthen the relationship between both countries, sharing an economic vision focused on free enterprise, private initiative, and open markets.

In this spirit, they agreed to move forward with a “Framework for Trade and Investment Cooperation,” aimed at boosting economic growth, generating new opportunities, and creating clearer and more transparent rules for trade and innovation.

Although the final text of the agreement is yet to be released, some key points have already been anticipated—among them, issues related to intellectual property, an area that covers patents, trademarks, copyrights, and regulations linked to innovation.

Among the highlighted topics included in this cooperation framework, we can point out:

1. Modifications to the Trademark System

Argentina commits to improving its controls to combat counterfeiting and piracy, both in the physical and digital markets. This includes ongoing actions to reduce the presence of counterfeit branded products in the region.

Additionally, Argentina would update the rules on geographical indications (protected names of certain products that are closely linked to a region).

2. Changes to the Patent System

The Argentine government intends to work on reforms to the patent system to make it more efficient and up to date. Among the most relevant points are:

  • Reviewing which types of innovations can be patented.
  • Reducing delays in the granting of patents.

 

3. Alignment with International Standards

Argentina will seek to ensure that its intellectual property system is more aligned with globally accepted norms and practices, which could imply legal and regulatory changes as indicated below.

4. Possible Effects on the Pharmaceutical Sector

This framework could also influence the pharmaceutical industry:

  • The patenting of pharmaceutical innovations that are currently excluded from patent protection in our country would be facilitated.
  • ANMAT would accept FDA certificates (the U.S. regulatory agency) for medicines and medical devices, which could accelerate their arrival in the Argentine market.

 

One of the most relevant points of the agreement is that Argentina could accept U.S. medicinal products that already comply with U.S. technical standards or international certifications, without requiring additional local controls. This could simplify and expedite the trade of certain products.

What’s Next: Expectations and Caution

While these announcements mark a clear direction towards greater integration between both countries, the final text of the agreement is still pending. Therefore, it is not yet possible to precisely determine how it will impact the Argentine intellectual property system or specific sectors of the economy.

However, the intention to modernize the rules of the game and strengthen key areas for long-term technological and productive development is clear.

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

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