An industrial property agent in Argentina is a registered person dedicated to obtaining and managing third-party rights before the National Institute of Industrial Property (INPI). The INPI regulated the professional practice of Industrial Property Agents through Resolution No. 164/2021.
The Resolution establishes the requirements to obtain agent registration as well as the cases in which it is mandatory to have the intervention of an agent.
When is the intervention of an industrial property agent mandatory in Argentina?
Pursuant to the Resolution No. 164/2021, the intervention of an Industrial Property Agent or a licensed lawyer in Argentina is mandatory in the following cases:
- Response to observation of new trademarks in relation to any of the registration prohibitions of Law No. 22,362 of trademarks and designations established in Articles 1, 2 and 3 and of any other regulation with effect on the trademark procedure.
- When the trademark registration procedure receives oppositions or “calls for attention” formulated by third parties (Law No. 22,362 and Decree No. 242/19).
- When ownership claims are raised in relation to the right to the patent in the cases of inventions developed during an employment relationship
- In the cases established in Chapter VII – Other Uses without Authorization of the Patent holder – Articles 42 to 50 of Argentinian Patent Law No. 24,481.
At Legal Core Group, we are industrial property agents and lawyers specialized in intellectual property in Argentina. For professional advice, contact us.