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App protection in Argentina

app protection in argentina - legal core group

Those companies that develops or launch to the market mobile apps in Argentina must take into account the fundamental legal aspects of how to protect them in Argentina. In this sense, from a legal point of view, the protection of the software and the trademark and the compliance with the regulations regarding the protection of personal data are essential.

Below is a brief summary of the key points to take into account in relation to the protection of an app in Argentina.

Software protection in Argentina

In Argentina, software is protected through author’s right system. Due to Berna’s Convention, this type of works are protected with their creation, as long as they are original. However, software can be registered in Argentina for proof purposes.

On the other hand, apps must have a Terms and Conditions agreement, which will establish the way in which the app can be used, if there are payments to be done, the license and restrictions of use, among other aspects.

Trademark registration of Apps in Argentina

Trademarks are distinctive signs that allow to identify products and/or services in the market and differentiate them from the competition. In Argentina, trademarks are ruled by the Law on Trademarks and Designations No. 22,362, which establishes in its art. 4º that trademarks must be registered in Argentina in order to have legal protection over them within said territory. Mobile applications do not escape the regulatory framework of the Trademark Law, since their trademarks must be registered to be protected. Examples of applications are “Instagram”, “Whatsapp”, etc.

Data protection in Argentina

In Argentina, the Personal Data Protection Law No. 25,326 provides the holders of personal data with rights that they can exercise in relation to them. It is important to keep in mind that apps must comply with the applicable regulations. For example, it is important to register the databases with the AAAIP, have a clear privacy policy detailing the way in which personal data is used and adopt security measures to protect the data, among others.

To conclude, the protection of the software, the brand and the personal data of the users are fundamental legal aspects that must be taken into account when developing an app and/or launching it to the market in Argentina.

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