On February 5, 2026, the United States and Argentina signed a trade and investment agreement that includes commitments to modernize the Argentine intellectual property system, particularly with regard to patents, while also facilitating the exchange of digital services between the signatory countries.
Impact of the Agreement on Intellectual Property
The main points include:
- Accession to the PCT: Submission of the Patent Cooperation Treaty to Congress for ratification before April 30, 2026.
- Changes to patentability criteria: repeal of restrictive guidelines for pharmaceutical and biotechnological inventions, with the aim of aligning Argentina’s patent system with international standards.
- Regulatory data protection: Analysis of the implementation of a regime similar to that provided for under the USMCA.
- Reduction of timelines: Measures to accelerate the granting of patents, especially in the pharmaceutical and biotechnology sectors.
- Accession to international treaties: Commitment to submit to Congress, before the end of 2027, key treaties such as the Budapest Treaty, the Hague Agreement, the Patent Law Treaty, and the UPOV 1991 Convention. In addition, in the area of Trademarks, this list also includes the Madrid Protocol.
Taken together, these commitments seek to align Argentina’s patent system with international standards and to strengthen legal certainty and the protection of innovation.
Impact of the Agreement on Digital Trade
The main points include:
- Protection of source code and intangible assets: Argentina commits not to require U.S. companies to grant access to their source code, production processes, or other intangible assets as a condition for conducting business in the country. This does not prevent courts or supervisory authorities from requiring such access in the context of specific investigations.
- Adequacy decision: The inclusion of the United States in the list of jurisdictions deemed adequate for the transfer of personal data. It should be noted that a significant portion of the cloud service providers used by Argentine companies have their servers located in that country.
- Accession to international mechanisms: Argentina shall request incorporation into the Global Cross-Border Privacy Rules Forum and the Global Cooperation Arrangement for Privacy Enforcement. Both frameworks are intended to facilitate cross-border data flows inherent to a globalized economy, while ensuring the protection of individuals.
- Electronic signatures: U.S. electronic signatures that meet technical requirements for signatory identification and document integrity are recognized as digital signatures under local legislation.
At Lerman & Szlak we are closely monitoring these developments and will keep you informed of further details regarding the implementation of these commitments as they become available.
