02/19/2026
The Impact of the New Reciprocal Trade and Investment Agreement (ARTI) between the United States and Argentina on Intellectual Property
The new Reciprocal Trade and Investment Agreement (ARTI) between the United States and Argentina is more than just a trade and economic liberalization pact: it takes advantage of a moment of political alignment to drive a profound transformation of the Argentine intellectual property system. In addition to differentiated tariffs, lower non-tariff barriers, rules for food trade, labor and environmental commitments, and limits on discriminatory taxes on digital services, the agreement incorporates an ambitious intellectual property agenda and establishes a timeline for changes and treaties that Argentina commits to implementing or submitting to Congress. Our country is obligated to strengthen intellectual property protection with civil, criminal, and customs tools, including in the digital environment, and to review criteria regarding geographical indications. At the international level, ARTI requires the implementation of already signed conventions (Bern, Paris, WCT, WPPT, and Marrakech), the submission of the PCT to Congress before April 30, 2026, and the submission, before 2027, of treaties such as the Budapest Treaty, the Geneva Act of the Hague Agreement on Industrial Designs, the Madrid Protocol on International Trademarks, the Patent Law Treaty, and the 1991 UPOV Convention on Plant Varieties. A “to-do list” was also agreed upon, which includes repealing joint resolutions that limit patentability in areas such as biotechnology and pharmaceuticals, studying the protection of test data, and reducing delays in patent examination. Undoubtedly, this agreement opens opportunities for integration and modernization, but it also reignites fundamental debates: how to balance attracting investment and technology with access to culture, health, seeds, and knowledge.
