Corporative Rights
Civil And Commercial Law
Kors, Noviks & Asociados is a multi-practice firm. In such capacity, we offer our clients the advice they need in all areas of civil and commercial law, including, without limitation: customs law, securities, issuance of shares, maritime and air law, environmental law, insurance, banking law, civil liability, family law, estate planning.
Administrative
Our Firm’s expertise extends to all areas of Administrative Law. Not only do we file appeals against adverse resolutions in IP matters, but we also handle client claims in other areas of Administrative Law, such as: approval of food and pharmaceutical products and decisions against the incorporation of local or foreign companies, including judicial actions against final administrative resolutions.
Antitrust
We have extensive experience in Antitrust Law, including requests for approval of mergers and acquisitions deemed contrary to existing antitrust regulations and counseling Argentine and foreign clients with respect to compliance with Argentine Antitrust principles.
Bankruptcy
Our experience in Bankruptcy Law covers all aspects ranging from business reorganization schemes to bankruptcy proceedings. Throughout the years we have represented debtors and creditors in bankruptcy matters, so we have a keen understanding on all sides of bankruptcy and reorganization schemes. We consider best to work with companies under financial distress pursuant to a multi-task approach, covering legal and financial aspects (with the assistance of our accountants and financial experts). Our bankruptcy expertise covers all sorts of court and out-of-court agreements and petitions.
Corporate Law
Our Corporate Law department counsels Argentine and foreign clients in all areas necessary for the start-up of their business. We assist companies with filings for registration with the Argentine Office of Corporations (Inspección General de Justicia) and on all other aspects concerning corporate governance, such as shareholders’ agreements, drafting of board of director and shareholder resolutions, stock purchase agreements and due diligence processes.
Labor
Our Labor Law department is into all aspects of the employer-employee relationship. We represent companies in court and out-of-court claims from employees. We also represent employees in all sorts of proceedings, including claims for failure to pay severance payments by employers. Our clients regularly consult us on matters such as: employee inter and intra company transfers, compliance with labor safety regulations and maternity leaves.
Tax
We defend clients from claims from tax authorities for alleged non-compliance with tax laws. Our Tax Law expertise is focused on advising clients on how best to comply with their tax obligations, in cooperation with our Firm’s accounting and financial experts. We regularly defend clients against judicial claims by the tax authorities for alleged non-compliance with tax payments.
Transfer Of Technology
Technology Transfer is a two-way street for Argentine and foreign companies. Argentine companies benefit from state-of-the-art technology that can be provided by companies from developed countries. Foreign companies benefit from existing tax exemptions, applied towards the royalties due by local companies in consideration for the technological breakthroughs to which the latter are granted access. Our role in these transactions is to make sure that our clients, whether local or foreign, file all necessary documents and submit all required information to qualify for applicable tax exemptions.
Intellectual and Industrial Property
Patents
• Legal counsel on patent protection
• Patent searches and legal opinion
• Preparation, filing and prosecution of Argentine and foreign patent applications of all kinds including mechanical, chemical, electronic, metallurgical, pharmaceutical and biotechnological inventions.
• Preparation of response to Examination observations.
• Recordal of Assignments, change of name and licenses of use
• Enforcement of patents against infringement
• Preparation, filing and prosecution of plant variety right applications
• Translation of the specifications and abstracts.
RequirementsPatents and Utility Models
If the applicant is a natural person:
1. Full name
2. Type and number of identity documents
3. Civil status.
4. Percentage of ownership (if there happen to be two applicants or more).
5. Domicile of choice (Street, Number, Locality, Province / State, Postal Code, Country)
6. Name of the invention, stating nature of said invention.
7. Identification of the status of what is known about the subject, as regards the invention and, if possible, make a classification on the basis of kind. (The kind within which the invention is comprised shall have to be specified and the differences with what is already known, explained. It will also be described the practical reasons leading to the creation of the said invention, with the indication of both the conditions yet unfilfilled by already known resources and the technical difficulties that the implementation of said invention will solve)
8. Annex drawings (whenever possible, from different views, particularly perspective, plan, front and side) or plans, or both things at the same time.
9. Describe the invention with as much detail as possible, stating:
- construction features (if said invention relates to a device) or
- sequence of operation stages (if it relates to a process)
In this description, the drawings shall have to be refered to.
11. Give a detailed account of functional relationships among construction features, i.e., speak about the way it works (in the case of a device) or the modifications (in the case of a process)
12. List all of the advantages with respect to what is already known
If the applicant is a legal person
1. Trade name or firm name
2. Percentage of ownership (if there are two applicants or more)
3. Domicile of choice (Street, Number, Locality, Province / State, Postal Code, Country)
4. Public register of commercial concerns number, date of registration, page, book and volume
5. C.U.I.T. number
6. Name of the invention, stating nature of said invention.
7. Identification of the status of what is known about the subject, as regards the invention and, whenever possible, a classification on the basis of kind. (The kind within which the invention is comprised shall have to be specified and the differences with what is already known, explained. It shall also be described the practical reasons leading to the creation of the said invention, with the indication of both the conditions yet unfilfilled by alreeady known resources and the technical difficulties that the implementation of said invention will solve)
8. Annex drawings (whenever possible, from different views, particularly perspective, plan, front and side) or plans, or both things at the same time.
9. Describe the invention with as much detail as possible, stating:
- construction features (if said invention relates to a device) or
- sequence of operation stages (if it relates to a process)
In this description, the drawings shall have to be refered to.
11. Give a detailed account of functional relationships among construction features, i.e., speak about the way it works (in the case of a device) or the modifications (in the case of a process)
12. List all of the advantages with respect to what is already known
ProcedureUpon filing a patent before our Argentine Patent Office (PTO), a preliminary exam of all documentation filed, would be the first step taken by the examiner, who may issue a preliminary Office Action requesting any missing documentation or any correction of the formal filing, if necessary.
If the Argentine patent application claimed Priority, the said Priority document must be filed during the first 90 days of application including a Translation into Spanish (at our end). If the priority is filed in the name of inventors, an assignment document to the Company must be filed before the PTO. Also we will need a Power of Attorney, signed by a duly representative of the Company, which must be certified by Notary Public and legalized by Apostille. If the same is not filed with the application, a term of 40(forty) business days is granted to file the same.
The application shall be published in 18 months (approx.) as from the filing of the patent application, unless early publication is requested by paying the corresponding fee.
After publication, third parties may file observations on the application published. These observations may be filed within a period of 60 days following publication.
The Substantive Examination must be requested at any time before the 3 (three) year period counted as from filing date in Argentina. The non payment of the same will cause the patent to become abandoned. At present, it is recommended that the Substantive Examination be requested as soon as possible in order to speed up the examination process.
After the Substantive Examination is carried out, the Examiner will issue an Official Action (if necessary) and this must be replied to according to the legal terms informed. The absence of response would be considered lack of interest and the patent would be denied.
Once the administrative and technical steps are fulfilled, the patent will be granted for 20 years (as from the filing date in Argentina) and annuities must be paid as from granting date.
Trademarks
• Creation and counseling on Trademark protection strategies
• Trademark search and opinion
• Preparation, filing and prosecution of Argentine and foreign applications for the registration of Trademarks
• Negotiation of oppositions filed by third parties against an application
• Recordal of Assignment, Change of name and Licenses of use
• Handling of opposition and cancellation actions
• Enforcement of trademark rights against infringement
• Defending clients against infringement actions filed by third parties
• Trademark surveillance
Requirements If the applicant is an individual:
1. Complete name.
2. Type and number of identity document.
3. Tax identification number (only for Argentine applicants).
4. Marital status.
5. Ownership percentage (in case of two or more applicants).
6. Address (street, number, city, province / state, zip code, country).
7. Trademark(s) for which protection is sought.
8. In the case of trademarks with special script and/or including a design, we will need a digital file including the special script / design.
9. Products and / or services to be protected.
If the applicant is a company or other organization:
1. Company or entity name.
2. Ownership percentage (in case of two or more applicants).
3. Registered address (street, number, city, province / state, zip code, country).
4. Company data (registration date and number).
5. Tax identification number (only for Argentine applicants).
6. Trademark(s) for which protection is sought.
7. In the case of trademarks with special script and/or including a design, we will need a digital file including the special script / design.
8. Products and / or services to be protected.
Procedure
The trademark proceeding in Argentina starts with:
1. Filing of an application with the Trademark Office and preliminary examination for publication and Publication of trademark application: 90 days approx.
2. Third party opposition term as from publication date: 30 days.
3. Revision of passed opposition period and oppositions filed: Unofficial report: 30 days approx. and Official report: 8 more months approx.
4. Examination by the Trademark Office on absolute grounds as from filing date: 14 months approx.
5. Granting of application after examination: 2 more months.
6. Obtention of Certificate of Registration: 6 months after Official Publication of the granting of trademark at the Trademark Bulletin.
Software
. Enforcement of software rights against infringement
. Design of tailored legal solutions to the software industry in order to enforce copyrights
. Precautionary measures and court proceedings to stop software infringements
. Protection of software and detection of software infringement
Designs
• Creation, legal counseling and advice on designs
• Design search and legal opinion
• Preparation, filing and prosecution of Argentine and foreign applications for the registration of designs
• Recordals of Assignment, change of name and licenses of use
• Enforcement of design rights against infringement
• Defending clients against infringement actions filed by third parties
Domain Names
• Registration and renewal of domain names, whether .ar, .com or other country code or top-level domains, anywhere in the world. Our expertise in this field also includes appearing in judicial and administrative proceedings in connection with the recovery of domain names from cyber squatters.
•Drafting and filing domain name assignment agreements.
Miscellaneous Services
• Counterfeiting investigations
• Drafting and negotiation of license agreements and other commercial transactions
• Incorporation of companies, drafting and negotiation of related agreements
• Appellation of origin and geographical indications
• Trade names
• Advertising (comparative, delusive, etc.)
• Unfair competition
• Strategic planning and counsel regarding transfer of technology and trade secrets
• Drafting of confidential agreements
• Translation Services including several languages, both legal and technical.
