ARGENTINA Law and Practice Contributed by: Santiago R O’Conor, Gisela M Russo, Gisela M Manrique and Ayelen Rocio Velaz, O’Conor & Power
The owner of the trade mark and the persons author - ised by them are exempt from the aforementioned automatic blocking. To register in the system, trade mark owners must complete Form OM 2270 and submit it to the Customs Trade Mark Fraud Division, along with the necessary documentation, such as the trade mark registration certificate, power of attorney to an authorised third party, and the ID of the owner and representative. Registration in the system has a validity period of two years, extendable for similar periods at the request of the interested party. Once this period has expired, the trade mark in question must be renewed by its owner and/or representative within 30 days prior to its expiry. The Customs Alert Entry System has proven to be effective in the fight against counterfeiting and paral - lel imports, as it allows trade mark owners to take measures to protect their rights and prevent counter - feit products from entering the country. 11. Appeal 11.1 Appellate Procedure Decisions for infringement of rights and/or author’s rights may be appealed. The competent body for the filing of appeals in this matter is the National Court of Appeals in Federal Civil and Commercial Matters. The appeal must be filed with the judge or court that issued the judgment within ten working days of the official notification of the same. 11.2 Timeframes for Appealing Trial Court Decisions In Argentina, you can appeal against: • final judgments; • interlocutory decisions; and • decrees.
To file an appeal, the applicant must have capacity to appeal, a legitimate interest and clearly express the reasons for the appeal. The resolution time varies in each particular case, depending on the complexities. On average, a case is estimated to take between 12 and 18 months.
12. Additional Considerations 12.1 Emerging Issues
An important development that occurred recently in Argentina concerns the concept of “reproduction in public spaces” of works registered in copyright. The amendment clarifies that music or films played at a private event, party, disco or hotel should not pay copyright tax to the collective management society, the Argentine Society of Music Authors and Compos - ers (SADAIC), since it is considered a private sphere and not a public one as it was previously considered. In Argentina, there is no law that regulates artificial intelligence, although there are several bills under dis - cussion. Jurisprudence from other countries will be cited in the event that there is no Argentine judicial ruling that applies to the case. However, foreign rulings are not binding. 12.2 Trade Mark and Copyright Use on the Internet In connection with e-commerce, it is worth mentioning the case of MercadoLibre, an e-commerce platform for buying and selling products and services which includes trade marks, copyrights or industrial models and designs in its monitoring system. This ensures that only the trade mark owner can commercialises the products on the platform, and also prevents the sale of counterfeit goods. Similarly, videos that are posted on Youtube must not violate copyright and, if this happens, the offending video is automatically removed.
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