On February 5, 2026, Argentina and the United States entered into a new agreement known as the United States of America–Argentine Republic Agreement on Reciprocal Trade and Investment. The treaty covers tariffs on international commerce, regulatory harmonization for goods, e‑commerce, and intellectual property, among several other fields. Its aim is to address unfair trade practices and incentivize U.S. investment on Argentinian soil by providing greater legal certainty for innovation‑driven investments.

From a market perspective, the Agreement represents a structural shift: Argentina has initiated a process of regulatory convergence with leading international IP standards, addressing long‑standing concerns raised by rights holders and investors. Section II, entitled “Non‑Tariff Barriers and Related Matters,” includes in Article 2.6 several stipulations relevant to IP. The Agreement’s structure reveals a strengthened commitment to robust IP protections as part of the overall framework for market access, standards alignment, and non‑discriminatory treatment. In parallel, the Agreement imposes a new standard for effective protection systems in civil, criminal, and border enforcement of IP rights.

Additionally, special emphasis is placed on infringement or misappropriation of IP in the online environment, particularly through rules prohibiting customs duties on cross‑border data transmissions and digital trade barriers. Within this framework, Annex III, Section I, entitled Specific Commitments, sets out a comprehensive range of obligations that shape the Parties’ approach to intellectual property under the Agreement. For analytical clarity, these provisions can be grouped into three categories: (i) innovative or newly introduced standards, (ii) existing obligations that are now reaffirmed or reinforced, and (iii) considerations regarding the future applicability and legislative implications of the Agreement.

i. Innovative standards
Several commitments introduced by the Agreement represent novel obligations for Argentina in the IP and digital‑governance sphere. Article 1.9 of Annex III establishes the obligation to submit the following treaties to Congress for consideration:

• Patent Cooperation Treaty (Washington, 1970, modified in 1984);
• Convention Relating to the Distribution of Programme‑Carrying Signals Transmitted by Satellite (Brussels, 1974);
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest, 1977, amended in 1980);
• Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Geneva, 1999);
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid, 1989);
• Patent Law Treaty (Geneva, 2000); Singapore Treaty on the Law of Trademarks (Singapore, 2006); and
• International Convention for the Protection of New Varieties of Plants (Paris, 1961, revised at Geneva, 1991).

In addition, the Agreement establishes a specific timetable for Congressional deliberation: Argentina must complete ratification of the Patent Cooperation Treaty by April 30, 2026, while ratification of the remaining instruments must occur before the end of 2027.

Beyond these treaty‑accession obligations, the Agreement introduces a detailed roadmap intended to address structural weaknesses in Argentina’s IP environment identified in the USTR Special 301 Report. This roadmap includes:

• Repealing Joint Resolutions No. 118/2012, 546/2012, 107/2012, and 283/2015 concerning restrictive patentability criteria;
• Preparing a report on the feasibility, scope, and institutional requirements for implementing a data‑protection framework aligned with Articles 20.45 and 20.48 of the USMCA;
• Assessing delays in the patent‑granting process, identifying administrative causes, and evaluating the legal feasibility of patent‑term extensions in cases of unreasonable pendency;
• Significantly reducing the patent backlog, including in biotechnology and pharmaceutical fields;
• Establishing a national IP‑enforcement coordination body to improve cooperation among enforcement agencies, including efforts against online piracy;
• Developing a national enforcement strategy against counterfeiting and piracy, supported by the quarterly publication of enforcement statistics;
• Promoting inter‑industry cooperation between ISPs, right holders, and relevant government bodies to support collaborative, voluntary measures aimed at reducing online infringement.

ii. Reaffirmed commitments
Certain obligations contained in the Agreement do not introduce new standards but instead reinforce commitments that Argentina had already assumed through previous domestic or international frameworks, now elevated in priority and tied to broader trade benefits.

The Agreement strengthens expectations regarding criminal enforcement, requiring Argentina to:

• Ensure deterrent‑level sanctions and penalties in criminal IP cases;
• Establish enhanced monetary fines and prison sentences for counterfeiting crimes committed by organized criminal networks;
• Pursue criminal prosecutions against operators of Argentina‑based websites engaged in large‑scale copyright piracy.
• Legislative amendments must be implemented to incorporate criminal procedures and penalties relating to the circumvention of technological protection measures and the removal of rights‑management information.

In the area of border enforcement, the Agreement:

• Reinforces the need for effective ex officio powers to address infringing goods in transit;
• Calls for increased raids and seizures in markets and distribution centers known for trafficking counterfeit or pirated products.

Existing landlord‑liability provisions under Article 39 of Trademark Law No. 22.362 must also be applied with greater rigor in cases where property owners knowingly permit the sale of counterfeit goods.

Finally, the Agreement reiterates the importance of civil‑enforcement mechanisms, requiring timely and effective civil actions, including injunctive relief when appropriate, to address online copyright piracy.

iii. Applicability
In this Agreement, ratification assumes a dual significance. Beyond the formal approval of the bilateral instrument itself, Argentina must also ratify the international treaties listed in Article 1.9 of Annex III within the prescribed deadlines. This expands the usual scope of the ratification process, as Congressional approval becomes a prerequisite not only for the entry into force of the Agreement but also for Argentina’s accession to a series of foundational IP treaties incorporated by reference.

Argentina is entering a new phase of opportunity, as the Agreement emphasizes the country’s commitment to strengthening intellectual‑property protection. By ratifying key international treaties and modernizing its core IP legislation, Argentina is aligning itself with global enforcement and regulatory standards. These reforms, once implemented by Congress, will provide greater legal certainty, foster innovation, and create a more secure environment for investment. This clear path toward stronger protection and international integration makes Argentina’s market increasingly attractive for forward‑looking investors.

This summary is provided for informational purposes only and does not constitute legal advice. Should you have any questions or require further clarification, please feel free to contact us.