(c) make its best efforts to provide that the grounds for cancellation include the likelihood of confusion with a prior trademark and whether the term is the term customary in common language as the common name for the relevant good in its territory;
(d) publicly identify which component or components it is protecting and which it is not protecting;
(e) not protect an individual component of a multi-component term that is protected or is recognized as a geographical indication if that individual component is the term customary in common language as the common name for the relevant good in its territory;
(f) make its best efforts to not prevent third parties from commercial use of a term, sign, or image based on the evocation of a geographical indication protected or recognized in its territory;
(g) in determining whether a term is the term customary in common language as the common name for the relevant good in its territory, have the authority to take into account how consumers understand the term in its territory and recognize that factors relevant to that consumer understanding may include:
(i) whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites;
(ii) how the good referenced by the term is marketed and used in trade in its territory;
(iii) whether the term is used in relevant international standards to refer to a type or class of good in its territory, such as pursuant to a standard promulgated by the Codex Alimentarius;
(iv) whether persons other than the person who claims rights in the term use the term as the name for the type of product in question;
(v) whether the good in question is imported into its territory, in significant quantities, from a place other than the territory identified in the application or petition, and whether those imported goods are named by the term; and
(vi) whether the product associated with the term is manufactured or traded in significant quantities from a place other than the territory identified in the application or petition.
1.9. International Agreements
1. Argentina shall fully implement the following agreements:
(a) Berne Convention for the Protection of Literary and Artistic Works, done at Berne on September 9, 1886, as revised at Paris on July 24, 1971;
(b) Paris Convention for the Protection of Industrial Property, done at Paris on March 20, 1883, as revised at Stockholm on July 14, 1967;
(c) World Intellectual Property Organization (WIPO) Copyright Treaty, done at Geneva on December 20, 1996;
(d) WIPO Performances and Phonograms Treaty, done at Geneva on December 20, 1996; and
(e) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh on June 27, 2013.
2. Argentina shall submit the Patent Cooperation Treaty, done at Washington on June 19, 1970, as amended on September 28, 1979, and modified on February 3, 1984, to Congress for consideration and a vote on ratification by April 30, 2026.
3. Argentina shall submit the following agreements to Congress for consideration and a vote on ratification before the end of 2027:
(a) Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, done at Brussels on May 21, 1974;
(b) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, as amended on September 26, 1980;
(c) Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on July 2, 1999;
(d) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done at Madrid on June 27, 1989;
(e) Patent Law Treaty, done at Geneva on June 1, 2000;
(f) Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006; and
(g) International Convention for the Protection of New Varieties of Plants, done at Paris on December 2, 1961, as revised at Geneva on March 19, 1991.
1.10. Additional Intellectual Property Issues
Argentina shall expeditiously take steps to fully resolve the issues identified with respect to Argentina in the most recent Special 301 Report, including:
(a) regarding patentability, repealing the Joint Resolutions No. 118/2012, No. 546/2012, No. 107/2012, and No. 283/2015;
(b) preparing a report analyzing the feasibility, scope, and institutional requirements for implementing a data protection regime that is consistent with Articles 20.45 and 20.48 of the United States ? Mexico ? Canada Agreement;
(c) providing deterrent-level sentences and penalties issued against defendants in criminal IP case;
(d) providing ex officio authority for border enforcement with respect to in-transit goods;
(e) establishing in law enhanced monetary fines and prison sentences for counterfeiting crimes carried out by organized criminal networks;
(e) establishing in law enhanced monetary fines and prison sentences for counterfeiting crimes carried out by organized criminal networks;
(f) preparing a report assessing the institutional structure and competencies of judicial and prosecutorial bodies for IP enforcement, identifying limitations, and recommending measures to strengthen enforcement, which may include having a specialized federal IP prosecutor office;
(g) setting up a coordination body for IP enforcement agencies to coordinate efforts among all IP enforcement agencies to combat all forms of IP crimes, including online piracy;
(h) enacting legislation that provides for effective civil action, including injunctions where appropriate, against copyright piracy that occurs in the online environment in a timely fashion;
(i) investigating and bringing criminal prosecutions against operators of Argentina-based websites that engage in criminal copyright piracy on a commercial scale;
(j) preparing a report analyzing the causes of delays in the patent granting process, identifying those attributable to administrative factors, and evaluating the legal feasibility of patent term extensions for unreasonable patent delays;
(k) significantly reducing patent pendency, including for biotechnological and pharmaceutical inventions;
(l) increasing the number of effective raids and seizures at the most notorious markets and distribution centers in Argentina for counterfeit and pirated goods;
(m) creating a national enforcement strategy to combat piracy and counterfeiting;
(n) compiling and publishing statistics quarterly on IP enforcement;
(o) enforcing laws concerning landlord duties and liabilities for known tenant sellers of counterfeit and pirated goods (specifically Article 39 of Trademark Law N° 22.362);
(p) passing and implementing amendments to the criminal code establishing criminal procedures and penalties for the circumvention of technological protection measures and removal of rights management information; and
(q) encouraging inter-industry cooperation between Internet service providers (ISPs), right holders and relevant parties (including government agencies, as appropriate) in order to support and enhance collaborative, voluntary efforts to reduce infringing material online.
Good Regulatory Practices
1.11. Adoption and Implementation of Good Regulatory Practices
1. With respect to the adoption and implementation of good regulatory practices at the central level of government, Argentina shall:
(a) ensure that laws, regulations, (10) procedures, and administrative rulings are promptly published and made easily accessible online;
(b) under normal circumstances, (11) publish and make easily accessible online the text of proposed regulations, as well as any regulatory impact analysis, an explanation of the regulation, and its objective;
(c) under normal circumstances, conduct public consultations for proposed regulations in a transparent manner; allow adequate time for interested persons, domestic and foreign, to submit comments, taking into account the complexity or possible impact of the proposed regulation; and give consideration to comments received;
(d) give reasonable notice of planned regulations and publish regulatory policy priorities that will be developed, modified, or eliminated in the near term;
(e) use publicly accessible high-quality data, evidence, technical information, and risk assessments, where appropriate, during the planning and development of regulation;
(f) support international regulatory cooperation through the use of, as appropriate, relevant international standards, guides, and recommendations to avoid unnecessary obstacles to trade;
(g) conduct reviews of regulation in effect to determine whether new information or other changes justify modification or repeal of regulation; and
(h) use tools, such as regulatory impact analysis, to assess the need for and possible impacts of regulations, which could also include alternative approaches to regulation, where appropriate.
2. Notwithstanding Article 6.7 (Entry Into Force) of the Agreement, Argentina shall implement its obligations with respect to subparagraphs (b) through (d) within three (3) years of the date of entry into force of this Agreement.
Labor
1.12. Labor Laws and other Measures
1. In consultation with the ILO, Argentina shall guarantee in its labor law backpay and reinstatement in cases of unjust firings due to anti-union discrimination.
2. Argentina shall work together with its provinces to ensure that labor inspectorates are sufficiently resourced, including with respect to funding, personnel, training, transportation, and equipment.
3. Argentina shall develop and implement a 6-month action plan to address child labor in the production of bricks, cotton, garlic, grapes, olives, strawberries, tobacco, tomatoes, and yerba mate and to address child and forced labor in the production of garments.
Environment
1.13. Environmental Law
Argentina shall ensure that its environmental laws and policies provide for, and encourage, high levels of environmental protection.
1.14. Illegal Logging and Associated Trade
1. Argentina shall take measures to combat, and cooperate to prevent, trade in illegally harvested forest products.
2. Argentina shall fully implement existing laws and regulations for forest sector governance and strengthen institutions responsible for enforcing these laws.
3. Argentina shall take measures to ensure application of penalties for illegal logging, including by making such penalties more substantial, in order to deter violations of relevant environmental laws.
4. Argentina shall, in accordance with its law, establish a participatory process to take into account public views on matters related to implementation and enforcement of environmental laws regarding forest sector governance.
1.15. A More Resource Efficient Economy
1. Argentina shall take measures to promote a more resource efficient economy. Such measures may include: addressing trade barriers that inhibit a more resource efficient economy; encouraging innovation that promotes circularity, for example through improving resource efficiency in product design; and promoting trade facilitative approaches to enable reverse supply chains.
2. Argentina shall take measures to promote the recovery of critical minerals from waste streams. Such measures may include encouraging regulations, infrastructure, or technologies to expand the collection of electronic waste and spent lithium-ion batteries for recycling and recovering critical minerals.
1.16. Fisheries Subsidies
1. Argentina shall accept, as soon as possible, the WTO Agreement on Fisheries Subsidies (AFS).
2. Argentina shall fully implement the obligations of the AFS, notwithstanding AFS Article 12.
3. Argentina shall ensure that fisheries subsidies it may grant or maintain after entry into force of this agreement do not contribute to overcapacity and overfishing, including through the use of robust fisheries management regimes and reform of such subsidies.
1.17. Sustainable Fisheries Management and Illegal, Unreported, and Unregulated Fishing
1. Argentina shall operate a sustainable fisheries management system that regulates marine wild capture fishing and promotes the long-term conservation of marine species, including sharks, sea turtles, seabirds, and marine mammals.
2. Argentina shall strengthen enforcement of fisheries related laws, regulations, and other measures to effectively combat illegal, unreported, and unregulated (IUU) fishing and deter trade in products from IUU fishing, including through:
(a) finalizing its internal procedures to ratify the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), and deposit its instrument of ratification in a timely manner. Until the PSMA enters into force for Argentina, Argentina shall take appropriate action to implement port state measures, including through actions consistent with the PSMA;
(b) adopting or strengthening measures to deter vessels flying its flag and its nationals from engaging in IUU fishing; and
(c) preventing the transshipment at sea of fish caught through IUU fishing or fish products derived from IUU fishing.
1.18. Combating Illegal Wildlife Trade
Argentina shall take measures to combat, and cooperate to prevent, the trade of wild fauna and flora that, based on credible evidence, (12) were taken or traded in violation of its law or another applicable law, (13) including through the following actions:
(a) taking measures to enhance the effectiveness of inspections of shipments containing wild fauna and flora, including parts and products thereof, at ports of entry;
(b) taking measures to combat the trade of wild fauna and flora transshipped through its territory that, based on credible evidence, were illegally taken or traded; and
(c) treatment of intentional transnational trafficking of wild fauna and flora as a serious crime as defined in the United Nations Convention on Transnational Organized Crime.
1.19. Illegal Mining
1. Argentina shall develop and implement a system to track precious metals from extraction through transport, processing, and export, according to its internal laws and procedures.
2. Argentina shall strengthen institutions responsible for enforcing laws and regulations related to mining activities.
Customs and Trade Facilitation
1.20. Consular Requirements
Argentina shall not apply a consular requirement for a document related to an import of goods from the United States.
1.21. Statistical Tax
No later than three (3) years after entry into force of this Agreement, Argentina shall not apply the statistical tax to an import of goods from the United States.
1.22. Express Shipments
1. Argentina intends to implement measures to remove certain limitations on express shipments, such as limits on weight, value, number of items that can be shipped together as a personal shipment, and number of times simplified procedures can be used.
2. Argentina shall allow express carriers to apply to, and if qualified, enroll in the Authorized Economic Operators (AEO) program.
3. Argentina shall implement monthly payment for express shipments, according to its laws and regulations.
1.23. Protection of Proprietary Data
Argentina shall protect proprietary data submitted by a U.S. trader to Agencia de Recaudación y Control Aduanero (ARCA) from unauthorized disclosure.
1.24. Paperless Trade and Pre-arrival Processing
1. Argentina recognizes the importance of facilitating the use of electronic transferrable records, including electronic bills of lading.
2. For imports of U.S. goods, Argentina shall:
(a) allow, including for express shipments, the collection of pre-arrival declaration data; and
(b) require all border agencies to conclude their processing of such data prior to arrival to allow for the immediate release of low-risk shipments without transfer to a customs bonded area or warehouse.
3. The Parties shall establish mutual cooperation for implementing a system that receives system-to-system electronic certification (eCert) data from USDA FSIS and from SENASA for exports of meat, poultry, Siluriformes, and egg products of the Parties.
Section 2. Digital Trade and Technology
1. Argentina shall provide certainty regarding the ability to move personal data out of its territory to the United States including by recognizing the United States as a country or jurisdiction that provides adequate data protection under Argentina's law.
2. Argentina shall submit its letter of intent to participate as an Associate in the Global Cross-Border Privacy Rules Forum and to participate in the Global Cooperation Arrangement for Privacy Enforcement.
3. Argentina shall recognize as a valid digital signature under Law 25.506 an electronic signature created in the United States that is supported by a digital certificate, reliably identifies the signer, and ensures the integrity of the signed document.
Section 3. Economic and National Security
3.1. Export Controls
1. Argentina and the United States shall continue coordinating national export controls on sensitive dual use items and within existing multilateral export control regimes and guidelines.
2. Argentina shall work with the United States on exchanging in a regular manner information on exports and reexports of sensitive dual-use items to support compliance and enforcement initiatives, including, when appropriate, information related to trade and licensing data.
3. Argentina shall support the enhancement of domestic export control enforcement mechanisms, including, where necessary, strengthening civil and criminal penalties and auditing or investigative capabilities. Argentina and the United States shall partner on these enforcement actions, where appropriate, including mutual sharing of information when violations may have occurred and cooperating on investigations.
3.2. Equipment and Platform Security and Customs Screening Equipment
1. Argentina shall commit to using only communication technology suppliers that do not compromise the security, safeguards, and intellectual property of ICT infrastructure, including 5G, 6G, communication satellites, and undersea cables.
2. Argentina shall cooperate with U.S. government technical experts to implement sufficient control measures at space installations operated by other countries to ensure their exclusively civilian use.
3. Argentina shall align performance and cybersecurity standards for aviation security screening equipment with international standards.
4. Argentina shall adopt increased data security and cybersecurity measures in screening equipment tenders to block equipment that poses security risks.
Section 4. Commercial Considerations and Opportunities
4.1. Critical Minerals
1. Argentina shall work with provincial governments to facilitate investment by U.S. companies in critical mineral projects, according to its laws and regulations.
2. Argentina commits to fast tracking applications for eligible projects through the Incentives Regime for Large Investments (RIGI) program.
3. Argentina shall encourage Federal-level Argentine Government investment in mining infrastructure to enable access to the mining sector for U.S. companies, according to its laws and regulations.
4. Argentina intends to prioritize the United States as a trade and investment partner for copper, lithium, and other critical minerals including raw, processed, and finished products, over market manipulating economies or enterprises.
4.2. Other Commitments
The Parties will cooperate to support energy reliability and security, including for local industrialization and steelmaking use, and will work together to promote and enhance bilateral trade in energy, and to reduce reliance on imports from non-market actors.
4.3. Antidumping and Countervailing Duty Cooperation
Argentina agrees to expand cooperation and exchange information, as appropriate, related to the antidumping and countervailing duty proceedings of a Party (to include circumvention inquiries), safeguarding Business Confidential Information.