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 |
Argentina