Industrial Designs in Argentina (Decree-Law No. 6.673)

Argentina, with its diverse culture, rich history, and distinct unique features, is a fertile ground for creativity and innovation in design. The country is emerging as an attractive destination for designers and businesses looking to develop products with a personal touch. With the advantages of abundant natural resources, traditional craftsmanship and a vibrant domestic market, Argentina is creating favorable conditions for the development of industrial design and enhancing the position of “Made in Argentina” products in the international market. However, many individuals and organizations do not know the procedures for registering industrial designs in Argentina, Viet An Law – IP Firm would like to guide customers through the article below.

Legal Basis

• Decree-Law No. 6.673 of August 16, 1963 on Industrial Designs (amended and supplemented until Decree No. 27/2018 of January 11, 2018)

The concept of industrial design in Argentina (Decree-Law No. 6.673)

Industrial design in Argentina is the process of creating new, unique designs for industrial products. These designs focus on the shape, structure, color, material, and surface texture of the product, in order to create an attractive and distinct appearance.

Conditions for registering an industrial design in Argentina

• Originality and creativity: Designs must be original, not overlapping with existing designs.
• Aesthetics: The design must create visual appeal, in accordance with the tastes of consumers.
• Applicability: The design must ensure the functionality of the product, creating convenience for users.

Types of Industrial Designs Registrable in Argentina (Decree-Law No. 6.673)

• Decorative designs: Include designs that contribute to the aesthetic beauty of the product, such as shapes, lines, profiles, colors, textures, or materials.
• Functional designs: While primarily serving functionality, these designs may also have decorative elements that contribute to the overall appearance of the product. However, the focus should be on the decorative aspect.
• Holographic designs: Include designs that are physically conceivable in a three-dimensional space, like the shape of a car or the design of a piece of furniture.
• Two-dimensional designs: Include flat or two-dimensional designs, such as patterns, logos, or symbols.

Application for registration of industrial designs in Argentina (Decree-Law No. 6.673)

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 5 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents if any: Copyright statement (if the applicant is not the creator of the design).

Term of protection of industrial designs in Argentina (Decree-Law No. 6.673)

In Argentina, the standard term of protection for an industrial design is 10 years from the date of filing the application.

Note: There is no extension mechanism: Unlike some other countries, Argentina currently does not have regulations on extending the term of protection of industrial designs.

Procedure for registration of industrial designs in Argentina (Decree-Law No. 6.673)

• Conduct a preliminary search: Before applying, you should conduct a search to ensure that your design is unique and has not been previously registered or publicly announced. The Argentine National Institute of Intellectual Property (INPI) offers online search tools for searching.
• Prepare the application: Prepare the application according to the instructions above.
• Application: Submit the above application to INPI.
• Inspection and Publication: INPI will review the application to determine if the design meets the requirements for registration. If approved, the design will be published in the Official Gazette.
• Objection period: During the period of publication in the official gazette, third parties can file an objection to the registration.
• Registration: If no valid objections are filed, the design will be registered and you will receive a certificate of registration.