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New Civil and Commercial Code
By Estudio Chaloupka
On August 01, 2015, the Civil Code of Argentina -enacted in 1869- was replaced by a new Civil and Commercial Code that, in addition to various key modifications to the Argentine legal system, includes a chapter with 11 sections dedicated to personal rights.
Among personal rights are not only those associated rights to protect and safeguard the body, but also those intended to protect aspects of personality. In the new chapter of the Code (chapter 33, Book First, General Part) the rights to dignity, privacy, honour and image are explicitly acknowledged.
Internet played a significant role in the acknowledgement of these rights. Indeed, images posted on Facebook, Twitter, Instagram and other social networks may be captured and used by third parties without permission. The new legislation states that there is a right to the image, whereby a person’s image (as well as his/her voice) can only be used with his/her consent. The president of the Supreme Court of Argentina, Ricardo Lorenzetti, explained that the chapter of personal rights protects individuals “in face of the progress of the economic and technological world”.
Estudio Chaloupka
Estudio Chaloupka Industrial Property is a professional firm specialized in Intellectual Property, existing as of more than 50 years (under different names), with a staff of professionals with a high level of technical and legal expertise in trademarks, patents, models and industrial designs, copyright, software, licensing, domain names and litigation.
The firm provides its clients - pertaining to the fields of pharmaceuticals, chemicals including agrochemicals, banking, luxury goods, equipment and supplies for the oil industry, footwear, garments, food and drinks, hotels- with a complete range of intellectual property services not only in Argentina but also throughout the world.
Our professional team is committed to providing clients with high quality services, tailored to their particular needs, allowing them to achieve their professional and business goals.
