In brief
Argentina and the United States have signed a bilateral Trade and Investment Agreement that includes significant commitments on Intellectual Property (IP) protection and enforcement. The agreement reinforces transparency and balance in the protection of geographical indications, strengthens Argentina’s alignment with core international IP treaties, and sets out a detailed roadmap to address longstanding enforcement and patent system challenges. These commitments have implications on IP rights, i.e., trademarks, patents, and copyright enforcement.
In more detail
With a general view of strengthening the commercial relationship between the countries, the bilateral Trade and Investment Agreement signed on 5 February 2026, between Argentina and the United States of America has established a set of commitments regarding intellectual property, necessary to support and align protection with international standards.
The main IP aspects of this agreement include:
Geographical Indications (GIs)
The agreement introduces detailed rules governing the protection and recognition of geographical indications in Argentina. It requires transparent and fair procedures for examination, opposition, and cancellation, including in cases involving translations or transliterations. Importantly, it confirms that GI protection may be refused or opposed where there is a likelihood of confusion with a prior trademark or where the term is customary in common language as the generic name of the relevant good in Argentina. In addition, Argentina commits to clearly identifying which components of a GI are protected, limiting protection for generic elements, and making best efforts to avoid unduly restricting third-party commercial use based on GI “evocation.”
International IP Treaties
Argentina reaffirms full implementation of key international conventions, including the Berne and Paris Conventions, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, and the Marrakesh Treaty. The agreement also establishes a clear legislative agenda: Argentina must submit the Patent Cooperation Treaty (PCT) to Congress for ratification by 30 April 2026, and several additional treaties by the end of 2027, including the Madrid Protocol, the Hague Agreement (Geneva Act), the Singapore Treaty on the Law of Trademarks, the Patent Law Treaty, and UPOV 1991.
Patent System Reforms and IP enforcement
The agreement addresses long-standing intellectual property concerns related to the procedure for registering pharmaceutical patents, under which Argentina undertakes to repeal the restrictive patentability guidelines, namely Joint Resolutions Nos. 118/2012, 546/2012, 107/2012 and 283/2015 (which was repealed on 18 March 2026, by Resolution No. 1/2026 — please refer to our further Newsletter on the repeal).
In addition, the agreement promotes structural reforms, including strengthening criminal and border enforcement (including ex officio enforcement powers), increasing penalties for counterfeiting carried out by organized criminal networks, enhancing coordination among enforcement authorities, strengthening copyright protection mechanisms in digital environments, taking action against large-scale piracy operations, and adopting measures aimed at significantly reducing patent prosecution timelines, including the assessment of the feasibility of patent term extensions in cases of unreasonable delays.
Ana Paula Gallardo, Associate, contributed to this alert.
Download the Spanish version of Argentina-United States Trade Agreement: Key Intellectual Property Commitments.