Legislative Implementation of Flexibilities - Argentina

Title:	Sections 37, 38 and 41 of the Law No. 24.481 of 23/05/1995 on Patents and Utility Models (as last amended by Law No. 24.572)
Field of IP:	Patents
Type of flexibility:	Ex-officio IP office control of anti-competitive clauses in licensing agreements
Summary table:

Provisions of Law

37. Patents and utility model certificates shall be transferable and may be licensed, either fully or in part, in the manner and subject to the formalities laid down by law. In order to be binding on third parties, any transfer shall be registered with the National Institute of Industrial Property.

38. License agreements shall not contain restrictive trade clauses that would affect the production, marketing or technological development of the licensee, restrict competition or impose any other procedure such as exclusive transfer-back conditions, conditions preventing any challenge to validity, those that impose mandatory joint licenses or any other of the practices specified in Law No. 22.262 or such legislation as may amend or replace it.

41. The National Institute of Industrial Property may, at the reasoned request of a competent authority, introduce limited exceptions to the rights conferred by a patent. Such exceptions shall not unjustifiably prejudice the exploitation of the patent or do unjustified harm to the legitimate interests of the owner thereof, due account being taken of the legitimate interests of third parties.