Liberalization of the economy and intellectual property laws

Through the Decree of Necessity and Urgency (DNU) No. 70/2023, of 12-20-2023, the Argentine government established a series of measures aimed at promoting the liberalization of the local economy. This rule modifies hundreds of civil, commercial, criminal, and administrative laws.

The main foundation on which the norm is based is the promotion of free competition, respect for private property, and the constitutional principles of a free circulation of goods, and services, among others.

Among the main developments in intellectual property, we find that the aforementioned DNU strongly modifies the rights of authors and the owners of related rights, given that it allows their free registration (or not) in associations representing their interests.

In this way, the monopolies of the three large collective copyright-collecting entities cease. These societies are SADAIC (created by decree law No. 17,648/1968), ARGENTORES (created by decree law No. 20,115/1973), and AADI-CAPIF, (created by decree No. 1671/1974).

Likewise, in a general way, it modifies the Argentine Customs Code (law No. 22,415) (Customs Code) so that the Government will not be able to “establish limitations on exports or imports for economic reasons”, among which are the protection of intellectual, industrial or commercial property rights (art. 609, f of the DNU).

Regarding this point, we must keep in mind that, in Argentina, all inhabitants (national or foreign) enjoy the protection of their intellectual rights based on art. 16 of the Argentine Constitution. Therefore, it must be considered that this regulation is aimed at promoting the intellectual rights of those who are not Argentine inhabitants or citizens and whose intellectual property (including industrial property) has been registered, or simply exists, outside of Argentina.