On 5 February 2026, the governments of Argentina and the United States executed the long-anticipated Reciprocal Trade and Investment Agreement, marking a significant step in the modernisation of bilateral economic relations. Paola Tessarolo reports for the Class 46 blog.

IP protection was one of the central pillars of the negotiations. The final text confirms that IP commitments form a core component of the agreement and reflect long-standing concerns raised by the US regarding Argentina’s legal framework and enforcement environment.

Strengthening international integration

The Agreement’s most significant provisions consist of specific commitments undertaken by Argentina to deepen its integration into the international IP system. These include:

Submission of the Patent Cooperation Treaty (PCT) to Congress for consideration and a vote on ratification by 30 April 2026.

Accession to the Patent Cooperation Treaty would represent a structural change for Argentina’s patent landscape, enabling applicants to use the international filing route and aligning the country with more than 150 contracting states. This step is expected to enhance legal certainty, encourage foreign direct investment, and streamline procedures for both domestic and foreign innovators.

Submission of the Madrid Protocol to Congress for consideration and a vote on ratification before the end of 2027.

Ratification of the Madrid Protocol would integrate Argentina into the international trade mark registration system administered by WIPO. For brand owners, this would significantly simplify multi-jurisdictional filings and portfolio management, reducing costs and administrative burdens. For Argentina, it would signal a clear commitment to international best practices in trade mark protection.

Standards, scope and term of protection

Beyond treaty accession, the Agreement includes commitments aimed at enhancing substantive IP standards.

These reportedly cover:

• Patents: Strengthening examination standards, improving transparency in patent prosecution and ensuring adequate term adjustments where administrative delays occur.
• Trade marks: Reinforcing protection against bad-faith filings and ensuring effective opposition and cancellation mechanisms.
• Copyright and related rights: Aligning the term of protection and enforcement standards with international benchmarks, particularly in the digital environment.
• Trade secrets: Establishing clearer civil and criminal remedies against misappropriation, especially relevant in technology-intensive sectors.

Collectively, these provisions seek to provide broader scope and stronger protection for IP rights holders, while improving predictability in enforcement.

Border measures and enforcement

Enforcement has historically been a focal point in bilateral discussions. The Agreement therefore includes enhanced commitments concerning border measures and anti-counterfeiting actions.

Key elements include:

• Empowering customs authorities to act ex officio in the suspension of suspected infringing goods.
• Improving coordination between administrative, civil and criminal authorities.
• Strengthening penalties in cases involving wilful trade mark counterfeiting and copyright piracy.
• Promoting cooperation between Argentine enforcement agencies and US counterparts.

Enhanced border measures are particularly relevant in light of Argentina’s strategic position within regional trade routes and its participation in MERCOSUR. The practical implementation of these commitments will be closely monitored by stakeholders.

A gradual but transformative process

While the execution of the Agreement on 5 February represents a decisive political milestone, its true impact will depend on domestic legislative processes and regulatory reforms.

Submission of the PCT by April 2026 and the Madrid Protocol before the end of 2027 establishes a concrete roadmap, but Congressional debate and potential implementing legislation will shape the final contours of reform.

If fully implemented, these commitments could transform Argentina’s IP ecosystem by:

• Facilitating international filings for Argentine innovators and exporters;
• Attracting greater foreign investment;
• Strengthening enforcement against counterfeiting and piracy; and
• Aligning the country more closely with global IP standards.

For practitioners, rights holders and businesses operating in or with Argentina, the coming months will be critical. Monitoring legislative developments and preparing for procedural adjustments – particularly in patents and trade marks – will be essential.

We will continue to follow the implementation process closely and provide updates as Congress advances consideration of the PCT and the Madrid Protocol, as well as the accompanying reforms in substantive and enforcement standards.

Paola Tessarolo is an IP attorney at Tessarolo Legal Services, who is admitted to practice in Spain and Argentina. She is Vice-Chair of the MARQUES International Trade Mark Law and Practice Team

For more information on this topic, please see the blog post “Argentina and US advance trade framework” by Dámaso Pardo, published on 20 November 2025