Argentina makes another push towards the PCT
By Estudio Chaloupka

On June 10, 2019, Law 27,506 was approved, establishing tax benefits for those economic activities that apply the use of knowledge, such as software, robotics, biotechnology, aerospace, audiovisual, research and development. Days later, on June 28, 2019, trade negotiations were conclude for the Association Agreement between the European Union (EU) and the Mercosur, a South American trade bloc of which Argentina is member. The trade deal, which comprises one of the world’s largest free trade areas, is the most comprehensive and complex ever negotiated by Mercosur, covering both tariff and regulatory issues, including services, government procurement, trade facilitation, technical barriers, sanitary and phytosanitary measures and intellectual property.
Both events focused the government attention on the PCT, an international treaty with more than 150 Contracting States of which Argentina has yet to join. Created in 1978, PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single international patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the national phase.
Over a period of 40 years, the PCT has steadily grown and is now the largest international intellectual property filing system for the World Intellectual Property Organization (WIPO) and the preferred filing route for applicants seeking patent protection in foreign jurisdictions. In 2018, applicants filed a total of almost 700 PCT applications per day, on average.
Nevertheless, Argentina’s Congress has been reluctant to accept the country’s accession to the PCT, with several political parties and Congressmen, long concerned about the consequences the treaty may have on the national industry and creators.
