The trade agreement signed between the United States and Argentina in February 2026 marks a turning point in intellectual property matters, requiring the country to assume concrete commitments on patents, copyright, and anti-piracy enforcement.
A New Framework for Intellectual Property in Argentina
The trade agreement that Argentina signed with the United States immediately implies a more or less accelerated reciprocal reduction of tariffs for certain products. But in matters such as industrial patents, it draws a line of discussion in which the country assumes strong commitments vis-à-vis Washington.
According to the agreement, if approved by Congress, the country will have to dismantle its current mechanism for granting patents and develop a new one. The Executive Branch will be obligated to repeal Resolutions 118/2012, 546/2012, and 107/2012 — which regulate the criteria for granting patents on chemical-pharmaceutical inventions — as well as Resolution 283/2015 on biotechnology.
Key Intellectual Property Commitments
Impact on Patent System
The Milei administration will have to dismantle the system by which patents are granted or denied and create a new one. In Argentina, invention patents last 20 years from the moment a company applies for one. It is customary in many cases to delay the granting to shorten the period of exclusivity for the author. This way it enters the public domain sooner, and laboratories that did not conduct the development can use the formulas.
The resolutions that the Argentine government must repeal imply changing the procedure, even down to determining the criteria for patentability — that is, defining whether a formula is new or merely a development of something already existing. In the case of seed patents, it would mean limiting the use of "own seed" that producers engage in — that is, limiting the amount they can save from their own harvest to replant.
Impact on Software
The agreement reinforces Argentina's obligation to respect software copyright, combat piracy, and protect the intellectual property of technology companies, aligning with international standards.
Regulatory Context
Argentina will need to modify procedures and even redefine patentability criteria, determining whether a formula is new or a simple development of something already existing, in line with treaty requirements.
Copyright and Software Piracy Provisions
The agreement contains specific provisions aimed at strengthening copyright enforcement, particularly relevant to the software industry. Argentina commits to:
- Accede to key WIPO treaties on copyright and performances/phonograms
- Establish adequate legal frameworks against circumvention of technological protection measures
- Ensure effective enforcement mechanisms against copyright infringement, including software piracy
- Create a specialized Intellectual Property Prosecutor's Office
- Implement criminal sanctions for trade secret misappropriation through computer systems
Why This Matters for Businesses
Companies operating in Argentina that use unlicensed software face increasing legal risk. The new framework strengthens enforcement mechanisms and creates a dedicated prosecutorial body focused on intellectual property violations. Organizations are strongly encouraged to audit their software assets and ensure full compliance with licensing requirements.
From the Treaty Text
"Argentina shall submit to its Congress for consideration and vote on ratification the Patent Cooperation Treaty, done at Washington on June 19, 1970, amended on September 28, 1979 and modified on February 3, 1984, before April 30, 2026."
The agreement does not specify what happens if the Argentine Congress does not approve the text. However, the Executive Branch's obligations regarding the repeal of existing resolutions and the reform of the patent system appear to be independent commitments within the broader trade framework.
Relevance for Software Legal
This agreement represents a significant advancement for software protection in Argentina. The commitments assumed regarding intellectual property strengthen the legal framework against software piracy and align the country with international standards for copyright protection, benefiting both domestic and international software developers. Software Legal views this development as a critical step toward creating a more robust environment for legitimate software use in Argentina.