CONSUMER PROTECTION

• Consumer protection is ruled by Law 24,240. Consumers have the right to initiate individual actions from the moment their rights are threatened. The Commerce and Industry Secretary enforces the Consumer Protection Law by reviewing contracts of adhesion, conciliating in disputes and imposing penalties in the event of violations.
• The Law protects consumers of products and users of services against incorrect or improper information about the goods or services offered.

ANTITRUST LAW

• Acts which restrict or distort competition, constitute an abuse of a dominant market position or cause damage to the general interest are prohibited. The law imposes penalties on companies (and their officers) that willfully participate in behavior which infringes the provisions of the Antitrust Law.
• Examples of such acts are: fixing prices (directly or indirectly); imposing discriminatory conditions for the purchase or sale of goods; limiting or controlling technical development; establishing minimum quantities or allocating zones, markets or customers; excluding one or more competitors from access to markets; refusing to sell when purchase orders are effectively placed in market conditions; destroying products at any stage of production or processing; etc.
• The Law defines "dominant position" as the position enjoyed by a company in the market where they are not exposed to substantial competition from third parties or where there is no effective competition between them.
• Complaints must be submitted to the National Commission for the Defense of Competition, which may bring actions. This commission may also institute proceedings by itself.

TRADE SECRETS

• Any information, design, device, process, composition technique or formula which is maintained as a secret and which affords its owner a competitive business advantage is protected by different regulations and principles.

UNFAIR COMPETITION

• This concept is typified in the Argentine Penal Code (article 159) which sanctions those persons who act using illicit means to deviate the clientele for his own benefit. Examples of such acts are: using or practicing deceit to discredit of a competitor, generating confusion in the consumer in relation with the involved products or services, etc.
• Additionally, Article 10 bis of Paris Convention establishes that the countries of the Union must secure an effective protection against unfair competition.

GOOD TRADE PRACTICES

• The Law 22.802 on Commercial Loyalty governs the identification of goods, and establishes the indication that products must comply with to be commercialized in the country. It also regulates advertising, avoiding deceptive or false advertising, and governs sales promotions of goods and services by way of prices or awards.

PLANT VARIETY PROTECTION

• The Law 20,247/73 on Seed and Phytogenetic Creation (Plant Varieties Law), April 1973, seeks to promote seed production and commercialization, to secure seed identity and quality and to protect the ownership of a phytogenetic creation, which is "the variety obtained by discovery or by application of scientific knowledge to plant improvement."
• By Law 24.376, October 1994  (which modified the above referenced Law) Argentina is a party to the International Convention for the Protection of New Varieties of Plants ("UPOV"). The UPOV provides for a registration proceeding in the member countries granting an exclusive right in the commercialization of the registered product. With respect to patents on agricultural products, the general regime for patents explained above is applicable hereto, with the exception of vegetable varieties, animals and purely biological processes which are not considered patentable by the Patent Office although no prohibition is provided by law.
• The general requirements are novelty, distinctiveness, homogeneity and stability. With
  respect to the novelty, the variety should not have been offered for sale in
  Argentina when filing, or in other States (which whom Argentina has
  bilateral or multilateral agreements) 6 years (in the case of trees) before
  filing.
• Certificates are granted for a period of at least 10 or a maximum of 20 years, and may be assigned. Certificates for foreign varieties must be requested by the creator and shall be granted provided that the country of origin recognizes the same right to Argentine phytogenetic creations.
• Any person that delivers seeds with the owners authorization, or that reserves and plants seeds for his own use, or that uses or sells seeds as raw material or foodstuff does not violate ownership rights.
• The law establishes penalties for the different infringements and allows public officers to inspect, take samples and make analysis of seeds at any time or place in order to comply with the law.
• Requeriments

TRANSFER OF TECHNOLOGY

• The Transfer of Technology for consideration from a non-resident to a resident is regulated by Law 20,326/81 on Technology Transfer and Decree No. 581, March 1981, regulating the Law, and modified by Decree No. 1853/93, September 1993.
• Transfer of Technology Agreements are no subject to prior government approval. Agreements between independent companies as well as between related companies (such as parent-subsidiary) may be registered (but it is not mandatory) with the Instituto Nacional de Propiedad Industrial (INPI) for information and tax purposes.
• If the agreement is not submitted to be recorded, payments made to the licensor under the agreement are not deductible by the licensee as operating expenses ( and receiving, therefore, special profits tax treatment).

CONFIDENTIAL INFORMATION AND DATA

• The confidentiality of information and products legitimately under control of one entity and unlawfully divulged in a manner contrary to honest commercial practices is regulated by Law 24,766, December 1996.
• The protection of personal data is regulated by Law 25,326, of November 2, 2000.