News

On July 18, the National Institute of Intellectual Property of Argentina (I.N.P.I.) has published the Resolution P-183 established in Law 27.444, that regulates the procedure of resolution of oppositions: It simplifies the existing system and affects procedures and fees.

The resolution will enter into force in September 17, 2018. It should be noted that the new procedure will lead to a substantial simplification of the opposition process and, at the same time, it will bring Argentina closer to the opposition systems of the most advanced countries in the matter.

These are the highlights of the new procedure:

• From the notification of the opposition, a period of 3 months of cooling off is opened to obtain the withdrawal of the opposition
• Once the cooling off period has ended, the I.N.P.I. will notify the opponent so that, within a period of 15 working days, he/she will pay the corresponding fees in order to keep the opposition in force. Likewise, and after the said payment, the grounds of the opposition may be extended, and evidence offered
• Next, the applicant will have 15 working days to replicate the opposition and, also, offer evidence
• It also provides for the opening of a probationary period of 40 working days. Then, the parties may present final arguments
• The decision of the I.N.P.I. will only be appealable by appeal to be resolved in the Civil and Commercial Federal jurisdiction of the Autonomous City of Buenos Aires
• New official fees are established

If you need more information, please contact María Alicia Nájera, Director of the Legal Department of Clarke, Modet & Cº Argentina (mnajera@clarkemodet.com.ar).

You can view the Resolution P-183 here (only Spanish version)