ON DECEMBER 1, 2023, OFFICIAL FEES FOR REGISTRATIONS IN INPI ARGENTINA WILL CHANGE
NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY
Resolution 351/2023
RESOL-2023-351-APN-INPI#MEC
City of Buenos Aires, 10/25/2023
IN VIEW OF Electronic File EX-2023-126432954--APN-DGCA#INPI of the registry of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI), Law No. 24.481 (t.o. Decree 260/96), as amended by Law No. 27.444, INPI Resolution No. 122 dated December 22, 2022, and
WHEREAS:
That this NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI), an autarchic body with its own legal personality, is the enforcement authority of the Laws on Patents of Invention and Utility Models, Trademarks and Designations, Industrial Models and Designs, and Technology Transfer.
That within this framework, the functions of the NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI) are aimed at stimulating the registration of inventive activity in all its forms for its corresponding legal protection, proposing national policies.
That the service provided by this Agency has a direct impact on the economic activity in all its branches, since individuals and companies by obtaining exclusive rights over an invention, a distinctive commercial sign, or an industrial model, obtain one more tool among others, which allows them to plan, project and strengthen their investments and business opportunities.
That in parallel to the strict function of registration and granting of rights, the INPI offers other useful services that allow users to verify the state of the art of inventions, the ownership or validity of third party rights through the public information service, which is extremely useful for the national productive sector to define the investments that result in the productive development of the country.
That in the fulfillment of its competence, the investment in qualified personnel, the improvements and technological developments that allow the maintenance of its systems, guaranteeing computer security and providing an infrastructure of high standard services, constitute a determining factor to maintain and advance in continuous improvements with the purpose of providing a better management in the area of competence of the National State where this Institute is in charge of acting.
As regards financing, the highest authority of the agency has the duty to carry out the pertinent actions to finance the budget with its own resources, originating from the collection of fees for the services it provides.
That, for such reason, Section 92 of the Law mentioned in the above mentioned, invested this agency with the power to establish, modify and eliminate the fees charged for the public service it provides.
That in order to maintain the management standards achieved and guarantee the completion of all procedures and services electronically through the web page, as well as to continue improving constantly and increase future services in a secure manner, it is necessary to continue the tariff readjustment process initiated by Resolution INPI No. P-122 of December 22, 2022.
That another of the premises of this new stage of tariff readjustment, framed in a fair distribution of the economic burden that the users of the services of this agency must face, must take into account the economic sustainability of the agency, but at the same time that the tariffs have a consideration that is reasonable and equitable for the users in terms of the evolution of their Industrial Property rights.
That in such reasoning, it is important to redistribute the costs of the procedures allowing that the application for an industrial property right -which entails an indicative and preparatory act to obtain exclusivity and in the event that the intended right is finally granted- obtains more accessible values of those procedures to which the actors who have a sustained development in the market have access, such as renewals and/or maintenance of rights, since these actions on the part of the holders have the purpose of the effective industrial or commercial exploitation of the registered intangible assets.
That, on the other hand, certain petitions and subsequent formalities of industrial rights entail in themselves a substantive complexity for which a qualified management of both professional resources and operating systems is internally deployed, which in itself merits that the fee for the service required in such cases is estimated above the average of the fees charged for petitions of regular substantive transcendence.
WHEREAS, the GENERAL DIRECTION OF ADMINISTRATIVE COORDINATION and the DIRECTION OF LEGAL AFFAIRS have taken the appropriate action.
WHEREAS, the present document is issued by virtue of the powers conferred by Section 92, subsection d) of Law No. 24,481, as amended by Law No. 27,444.
Therefore,
THE PRESIDENT OF THE NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY
RESOLVES:
ARTICLE 1 - To approve the readjustment of the tariff structure for the services provided by this NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI), in accordance with the amounts and conditions set forth in the ANNEX (IF-2023-126555044-APN-DGCA#INPI) which is an integral part of this measure, as from December 1, 2023.
ARTICLE 2 -Register, communicate, publish, deliver to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRY, and file.
Mónica Noemí Gay
NOTE: The Annex(es) comprising this (these) Resolution(s) are published in the web edition of BORA -www.boletinoficial.gob.ar-
e. 26/10/2023 N° 86290/23 v. 26/10/2023
