Argentina

Country code: 

AR

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Regime of the first applicant

Default (statutory) regime for employee’s creations

The creations of employees belong to the employer, with the characteristics that the rules of each right set.

Ownership of research results in publicly sponsored research

There is no specific rule regulating research funded by public funds, therefore, all intellectual proverty shall be governed by the general rules. Specific rules may be found in some public law institutions.

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

In Argentina, special regulations for the public sector do not exist. For this reason, the general scheme of the first applicant applies. Nevertheless, there are specific rules in certain public institutions that regulate this aspect, in such case cannot recognize lesser rights than those established in the general scheme. For example:

Universidad Austral - Reglamento General sobre Propiedad Intelectual (linked here)

Universidad Nacional de Cordoba - Régimen de Propiedad Intelectual (linked here)

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

There is no specific legal regime governing ownership of R & D results achieved by students in research groups or as a result of their undergraduate and graduate theses, ruling about the general legal regime shall be applicable. However rules can be found in each of the Institutions of Higher Education. For example:

Universidad Austral - Reglamento General sobre Propiedad Intelectual (linked here)

Universidad Nacional de Cordoba - Régimen de Propiedad Intelectual (linked here)

Related law (name & link)

Law on Legal Intellectual Property Regime of 1933 (Copyright Law), Articles 4, 16 to 26

Law on Patents and Utility Models of 1995, Articles 10 and 11

Law on Industrial Designs of 1963, Article 1

Law on Seed and Phytogenetical Creations of 1973, Article 24

Article 40 Decree 2183/91 - Referral Article 82 Labor Contract Law

Dissemination rules: 

Limitations on publication

There is no general system that establishes limitations on publication.

Specific rules regarding publication of scientific results financed by public bodies

Universidad Nacional del Litoral - Extension Department - UNL Editions

Vitec Network (Network of Technological Linkages Argentinas National Universities)

Universidad Nacional de Salta

Universidad Nacional de Cordoba

Non-disclosure clauses in research contracts

In absence of a general scheme applicable in relation to the dissemination of results, this issue is governed by the specific rules established by each institution within its jurisdiction.

Specific incentives for innovation activities: 

Related Law (name & Link)

Technology Innovation Promotion Law of 1990

Incentives provided by law for individual researchers

Promotion and financial development; Promotion and development tax; Special Promotion

Related Law (name & Link)

Technology Innovation Promotion Law of 1990

Incentives provided by HEI for researcher

Contract research fellowships for students and graduates; Equipment contract research grants.

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

There is no general form of commercialization. Each particular institutions has its rules governing commercialization of the results of R & D.

There is no specific requirement as to the form. You need to register the contract to be concluded with respective institutions in each case indicates the rules.

No

There is no centralized office responsible for transfer or commercialization of research results. There are different offices in different institutions seeking marketing results.

Law on Legal Intellectual Property Regime of 1933 (Copyright Law), Articles 51 to 55 bis

Law on Patents and Utility Models of 1995, Articles 38 to 41

Law on Industrial Designs of 1963, Article 15

Law on Seed and Phytogenetical Creations of 1973, Article 19 to 24

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

There is no general regulation that establishes the rule of apportionment of expenses and revenues from R & D activities and the subsequent exploitation of the results. Each institution has its specific regulation.

There are no such rules.

There are no such rules.

For example:

Universidad Austral - Reglamento General sobre Propiedad Intelectual (linked here)

Universidad Nacional de Cordoba - Régimen de Propiedad Intelectual (linked here)

Information not available

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Information not available