Argentina: Intellectual property and franchise agreements

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Argentina: Intellectual property and franchise agreements

Several sections related to IP-related matters in the Argentine New Civil and Commercial Code are among the regulations that govern agreements, and among those agreements it is the franchise agreement that has the largest amount of regulations of interest in terms of intellectual property.

In that respect, Section 1512 sets forth that the franchisor needs to be the exclusive holder of the rights in the trade marks, patents, commercial names and copyrights or needs to have the right to confer to the franchisee the right of use and transmission under the terms of these types of contracts.

The object of the franchise agreement is represented by the authorisation in favour of the franchisee to use a proven good-or-service-commercialisation system.

The license of the referred industrial or intellectual property rights is directly associated with the essential aim of the franchise agreement, which consists of cloning or copying the franchisor's company, including a complete outer identification of the franchise with the corporate image of such franchisor's company.

In addition to the immaterial or intangible, or even material, goods that constitute the object of the franchise agreement, there is also the provision of a body of technical knowledge and constant technical and commercial assistance – as established by the above mentioned section 1512 – which along with the above-mentioned elements makes it possible to commercialise goods or services by using the franchisor's proven system.

Daniel R Zuccherino


Obligado & CiaParaguay 610, 17th FloorC1057AAH, Buenos Aires, ArgentinaTel: +54 11 4114 1100Fax: +54 11 4311 5675admin@obligado.com.arwww.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

With INTA 2026 just two months away, London-based IP practitioners offer tips on making the most out of the city
New platform, which covers SEPs for the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Gift this article