ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
5.8 Measures to Address Fraud In the event of a fraudulent application, a nullity pro - cedure may be initiated. There is no mechanism to suspend an application while investigation results are pending. The consequence for an applicant, if it is found that it fraudulently filed an application, is the nullity of the trade mark.
copy of it) as well as the original certificate of registra - tion (or an official certified copy) must be submitted.
7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits The Trade Mark Law No 22.362 defines what actions can be taken in the event of infringement. It also estab - lishes that civil actions become due within three years from the date they took place or within one year from the date the infringement became known. This is not the case for criminal actions or for copyright infringe - ments, which do not have a specific term. 7.2 Legal Claims for Infringement Lawsuits and Their Standards Trade Mark Law No 22.362 establishes that the coun - terfeiting or fraudulent imitation of a registered trade mark is punishable by imprisonment for a period of three) to six years and a fine. In addition, the injured party may choose to (i) confiscate and sell the goods and other elements with the infringing trade mark; or (ii) destroy the infringing marks and designations and all the elements that carry them, if they cannot be sep - arated from the product itself. The trade mark must be registered in order for these actions to be carried out. Copyright Law No 11.723 establishes that non-com - pliance with intellectual property obligations is punish - able with a fine. Copyright infringement is considered a criminal offence and is punishable by fines, confis - cation of property and imprisonment. In the event of plagiarism, provisional and precautionary measures may be filed as well as civil or commercial lawsuits. The elements of the different types of infringement are compared based on the infringer’s intent, trade mark use, likelihood of confusion, and damage to the trade mark owner’s reputation. Direct infringement is characterised by the use of the registered trade mark in a direct manner and with the intention of confusing, while indirect infringement is characterised by the use of a similar trade mark and the likelihood of confusion. Contributory infringement is characterised by the use of the mark in different markets and the likelihood of
6. Assignments and Licensing 6.1 Assignment Requirements and Restrictions Assignment of a trade mark: • must be for monetary compensation;
• is a transaction between natural or legal persons; • allows the transfer of any intangible right; both the application and the registration, either by acts between living persons or by reason of death; and • requires a public or private instrument with the certified signature of the assignor before a notary public. Assignments can be partial or total. In the event of death, the rights are transferable. 6.2 Licensing Requirements or Restrictions A trade mark licence can be granted through dona - tion, free or onerous transfer, trust, transfer of good - will, allocation of assets, merger or transformation of companies or judicial auction. Inheritance, wills or legacies are also registered due to death. The licences are for an agreed term. Trade mark applications can also be licensed. 6.3 Registration or Recording of an Assignment or Licence Recording the assignment is not mandatory. However, it must be registered before the Trade Mark Office to be valid against third parties. For registration purpos - es, a form with the original assignment (or a certified
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