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Establishment restrictions

ARGENTINA

Since 2010

Chapter Competition policy  |  Sub-chapter Competition
Revocation of license
In 2010, the government revoked the license of Fibertel (owned by Cablevision, a company of Grupo Clarin) to continue operating in the Internet access market. The Government's decision favored Fibertel competitors Telefonica (via Speedy) and Telecom (with Arnet).
Coverage Telecommunication sector
Establishment restrictions

ARGENTINA


Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright inadequately enforced
In practice, there is little enforcement of copyright law in Argentina, court processes are slow and complex, and penalties for copyright infringement are very small. As a result, Argentina continues to have high rates of copyright piracy, including online piracy.
Coverage Horizontal
Establishment restrictions

ARGENTINA

Since 1998

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Law No. 11723 (Intellectual Property Law)
Argentinean Copyright Law does not include fair dealing/fair use provisions. The country follows the Latin juridical concept of author’s rights (droit d’auteur), that is all rights are inalienably linked to the author and they cannot be removed or sold.
Coverage Horizontal
Establishment restrictions

ARGENTINA

Since March 2016

Chapter Intellectual Property Rights  |  Sub-chapter Patents
Law 27,222
In Argentina the prosecution of trademark applications is blocked automatically when an opposition is filed, and the applicant has a one-year term (counted as from notification of the opposition) to negotiate the withdrawal of the opposition with the opponent. In the absence of a settlement, the applicant has to file a lawsuit seeking the dismissal of the opposition at court to avoid the lapsing of the application. The practical effect of the law is that the applicant will have to initiate and close the mediation proceeding and file the court action seeking the dismissal of the opposition before the expiration of the one-year term. Otherwise, the objected application will lapse.
Coverage Horizontal
Establishment restrictions

ARGENTINA

Since 1996

Chapter Intellectual Property Rights  |  Sub-chapter Patents
Patent Law No.
24,481
Argentina is a notable omission from the Patent Cooperation Treaty (PCT). Patent protection can only be obtained by filing separate national patent applications, but it may be endangered if the application for obtaining the same patent in another country was filed more than one year before the Argentinian filing date and/or it has already been published. In that case the novelty requirement will not be fulfilled and a patent will be denied.
Coverage Foreign patent applicants
Establishment restrictions

ARGENTINA

Reported in 2016

Chapter Investment  |  Sub-chapter Other restrictive practices related to foreign investment
Lack of regulatory convergence
It has been reported that telecommunication regulations differ significantly on the municipal level, which creates ambiguity for infrastructure deployment. This is especially so for rules regarding wiring and the installation of antennas.
Coverage Telecommunication sector
Establishment restrictions

ARGENTINA

Since 1990

Chapter Investment  |  Sub-chapter Other restrictive practices related to foreign investment
Threats of nationalisation
Several firms, including Telecom Argentina, have reportedly been under constant threat of nationalisation.
Coverage Telecommunication sector
Establishment restrictions

ARGENTINA

Since 1984, amended in 2014

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Law No. 19550 (Coporations Law)
The majority of the board members must be Argentine residents.
Coverage All corporations
Fiscal Restrictions

ARGENTINA

Reported in 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Agreement on Government Procurement (GPA)
Argentina is not a signatory to the WTO Agreement on Government Procurement, but it is an observer to the WTO Committee on Government Procurement.
Coverage Horizontal
Fiscal Restrictions

ARGENTINA

Since 2012

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Decree 892/2012
On 14 June 2012, the government of Argentina introduced a preference margin for exporters into its public procurment law (Decree 1023/2001). Via Decree 892/2012, companies which apply for a public tender and also export part of their produce shall:
- Receive a premium of 7% on a public contract for which the exporter's bid was equal or below the best offer of a non-exporting firm;
- Receive the opportunity to match the best offer made by a bidder that does not export as long as that bid is within 7% of the exporter's submission.

The Decree further awards the Office of the Chief of Cabinet the power to specify concrete eligibility criteria for this preferential treatment.
Coverage Horizontal
Fiscal Restrictions

ARGENTINA

Since December 2001, ammended in June 2012.

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Law No. 25551 (Public Procurement) and Decree 893/2012
Public procurement at federal and sub-federal government levels gives preference to goods and services of domestic origin. There is a price preference of 7% for bids of local enterprises classified as SMEs or a margin of 5% for bids of other local enterprises. All companies with exporting activities, irrespective of their SME status, are also given a preference margin of 7%. The preference applies to procurement by all government agencies, public utilities, and concessionaires.
Coverage Horizontal
Sources
  • EC Market Access Database: http://madb.europa.eu/madb/barriers_details.htm?isSps=false&barrier_id=10863
  • USTR, 2014 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
Fiscal Restrictions

ARGENTINA

Since November 2016

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Law 27,328 (Law on Contracts between the State and Private Investors)
On 30 November 2016, the Argentine Government enacted Law 27,328 regulating contracts between the state and private investors. The law establishes that in publice-private partnership contracts, at least 33% of the goods and services used must be provided by local companies.
Coverage Horizontal
Fiscal Restrictions

ARGENTINA

Since January 2014
Since August 2016

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
General Resolution 3570

General Resolutions 3915 and 3916
The US Trade Representative (USTR) reports that an extra tax of 50% of the value of the product is applied to online purchases of foreign products which have a value of up to USD 3,000 and are delivered through Argentina’s official postal service (EMS). Once per year, individuals may import goods of a value up to USD 25 duty free.

Previously, total mail order transactions via EMS used to be limited to two per year per individual, but this is no longer the case as of 2016 (non-commercial mail shipments with a value of USD 200 or less and a weight not greater than two kilograms may now be delivered door-to-door), as per General Resolutions 3915 and 3916.
Coverage Online purchases
Fiscal Restrictions

ARGENTINA

Reported in October 2017, entry into force in 2019

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Tax on foreign digital services
In October 2017, it was revealed that non-residents supplying digital services – such as streaming and music downloads – will be subject to a 21% tax from a provisional start date of 2019.
Coverage Foreign digital services
Fiscal Restrictions

ARGENTINA

Since 2015

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Netflix Tax'
A "Netflix Tax" is applicable in the capital Buenos Aires, with consequent price increase of the service in the region of approximately 0.5 USD per subscription. The local tax is intended to compensate cable providers which have been largely complaining in Argentina against the unfavourable conditions to compete against over-the-top (OTT) operators and telcos.
Coverage Netflix