Practice Areas

The international expansion of a trademark, patent, utility model or design requires an appropriate strategy that considers the different legal systems in force in each country. Although there are international treaties that facilitate protection abroad—such as the Paris Convention and the Patent Cooperation Treaty (PCT)—not all countries have the same registration mechanisms or requirements. Argentina is not a PCT member.

In the case of patents, the Paris Convention allows applicants to claim priority in other countries within 12 months of the initial filing. Through the PCT system, this period can be extended and the management centralized, allowing for an international application that grants up to 30 months from the first filing to enter national or regional phases.

Regarding industrial models and designs, those protected abroad may be filed in Argentina under the Paris Convention, provided the application is submitted within 6 months from the filing date in the country of origin.

As for trademarks, the Paris Convention also allows for international priority to be claimed within 6 months from the filing date in the country of origin. Additionally, under the Madrid System—to which Argentina is not yet a member—many countries offer a unified mechanism to register trademarks in multiple jurisdictions through a single application. In the absence of this system in Argentina, international protection must be managed country by country or through regional networks, which underscores the importance of specialized advice and strategic planning.

Given that laws vary across countries and regions, working with an internationally experienced agent and a reliable network of foreign associates is essential to ensure effective protection, avoid conflicts, and support the growth of intangible assets beyond local borders.