Doing Business In Argentina

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importers, although some firms have access to offshore dollar accounts. Since foreign exchange controls have been lifted, purchases are more often made with cash upfront. Sales Service/Customer Support Return to top Customer service is becoming a differentiating factor when selling a product. Argentine consumers are paying increased attention to home delivery and after-sales service, emphasized by a need to repair and maintain existing equipment and machinery, rather than replacing it with new imports. Therefore, the availability of spare parts and maintenance services are particularly important for electronic equipment, while capital goods are a plus for entering and serving this market. Protecting Your Intellectual Property Return to top Introduction Several general principles are important for effective management of intellectual property rights in Argentina. First, it is important to have an overall strategy to protect IPR. Second, IPR is protected differently in Argentina than in the U.S. Third, rights must be registered and enforced in Argentina, under local laws. Companies may wish to seek advice from local attorneys or IP consultants. The U.S. Commercial Service can often provide a list of local lawyers upon request. It is vital that companies understand that intellectual property is primarily a private right and that the US government generally cannot enforce rights for private individuals in Argentina. It is the responsibility of the rights' holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. While the U.S. Government is willing to assist, there is little it can do if the rights holders have not taken these fundamental steps necessary to securing and enforcing their IPR in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights on a mistaken belief that the USG can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a law suit. In no instance should USG advice be seen as a substitute for the obligation of a rights holder to promptly pursue its case. It is always advisable to conduct due diligence on partners. Negotiate from the position of your partner and give your partner clear incentives to honor the contract. A good partner is an important ally in protecting IP rights. Keep an eye on your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Argentina require constant attention. Work with legal counsel familiar with Argentine laws to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions. It is also recommended that small and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IPR and stop counterfeiting. There are a number of these 3/4/2008
organizations, both Argentine or U.S.-based. These include: - The U.S. Chamber and local American Chambers of Commerce - National Association of Manufacturers (NAM) - International Intellectual Property Alliance (IIPA) - International Trademark Association (INTA) - The Coalition Against Counterfeiting and Piracy - International Anti-Counterfeiting Coalition (IACC) - Pharmaceutical Research and Manufacturers of America (PhRMA) - Biotechnology Industry Organization (BIO) - Directorate General of Copyright, Argentina - National Institute of Industrial Property, Argentina IPR Resources A wealth of information on protecting IPR is freely available to U.S. rights holders. Some excellent resources for companies regarding intellectual property include the following: - For information about patent, trademark, or copyright issues -- including enforcement issues in the US and other countries -- call the STOP! Hotline: 1-866- 999-HALT or register at www.StopFakes.gov. - For more information about registering trademarks and patents (both in the U.S. as well as in foreign countries), contact the US Patent and Trademark Office (USPTO) at: 1-800-786-9199. - For more information about registering for copyright protection in the US, contact the US Copyright Office at: 1-202-707-5959. - For US small and medium-size companies, the Department of Commerce offers a "SME IPR Advisory Program" available through the American Bar Association that provides one hour of free IPR legal advice for companies with concerns in Brazil, China, Egypt, India, Russia, and Thailand. For details and to register, visit: http://www.abanet.org/intlaw/intlproj/iprprogram_consultation.html - For information on obtaining and enforcing intellectual property rights and marketspecific IP Toolkits visit: www.StopFakes.gov. This site is linked to the USPTO website for registering trademarks and patents (both in the U.S. as well as in foreign countries), the U.S. Customs & Border Protection website to record registered trademarks and copyrighted works (to assist customs in blocking imports of IPR-infringing products) and allows you to register for Webinars on protecting IPR. - The U.S. Commerce Department has positioned IP attachés in key markets around the world. You can get contact information for the IP attaché who covers Argentina at: dorian.mazurkevich@mail.doc.gov. IPR Climate in Argentina Argentina remains open to foreign investment. However, continuing legal uncertainties surrounding creditor, contract and property rights in Argentina, and the changing regulatory environment, have diminished the country’s attractiveness for foreign investors, at least in the short term. The government of Argentina adheres to most treaties and international agreements on intellectual property and belongs to the World Intellectual Property Organization (WIPO) 3/4/2008
Page 1 and 2: Doing Business in Argentina: 2008 C
Page 3 and 4: 3/4/2008 Argentina’s banking syst
Page 5 and 6: 3/4/2008 The zero percent import du
Page 7 and 8: Return to table of contents Chapter
Page 9 and 10: Policy Short-term Short/Medium Term
Page 11 and 12: meetings. The service includes at l
Page 13 and 14: approximately 87 percent of the tot
Page 15 and 16: more limited and delivery is a grow
Page 17 and 18: Goods: Preference will be given to
Page 19 and 20: material, input, or material needed
Page 21 and 22: terminals at international airports
Page 23 and 24: As in many countries, personal rela
Page 25 and 26: "Clarin", "La Nacion", and "Ambito
Page 27 and 28: Av. de Mayo 605, Piso 3 C1084AAB Bu
Page 29: Business Facilitation Service: CS A
Page 33 and 34: available in Chapter 9: Contacts, M
Page 35 and 36: Agricultural Machinery, Equipment a
Page 37 and 38: Electric Power Systems Overview Ret
Page 39 and 40: Food Processing and Packaging Equip
Page 41 and 42: Information Technology Overview Ret
Page 43 and 44: Other market conditions will foster
Page 45 and 46: market. The market has been growing
Page 47 and 48: Mining Sector Specialist at the U.S
Page 49 and 50: significantly smaller than in the U
Page 51 and 52: A gradual recovery has taken place
Page 53 and 54: Best sales prospects for U.S. elect
Page 55 and 56: Travel and Tourism Services Overvie
Page 57 and 58: Telecommunications Equipment and Se
Page 59 and 60: Agricultural Sectors Return to top
Page 61 and 62: Food Ingredients Overview Return to
Page 63 and 64: Pioneer Argentina: www.pioneer.com/
Page 65 and 66: Average Tariff Rates by Type of Pro
Page 67 and 68: In 2006, there was a significant in
Page 69 and 70: 3/4/2008 Certain imported goods for
Page 71 and 72: Please note that VAT and Profits Ta
Page 73 and 74: 3/4/2008 Goods covered by Decree 73
Page 75 and 76: A fax of the commercial invoice may
Page 77 and 78: you through this process. You may a
Page 79 and 80: violate export control laws is foun
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Initial period: 1 year Extension: 1
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Article 6: - Importers, manufacture
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emanufactured) and certified by a "
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3/4/2008 Normalizacion) --composed
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3/4/2008 continuing shortage of ind
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3/4/2008 Record No. S01:0116093/200
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3/4/2008 Internet: www.anmat.gov.ar
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subject to the orders, guidelines o
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In January 2002, the government end
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The GOA has established a number of
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legality of this pesification decre
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deterrent penalties such as prison
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Law 17811 of 1968 regulates public
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A recent ACO investigation of GOA p
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Foreign-Trade Zones/Free Ports Retu
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Argentine Parliament (www.diputados
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Registry of Foreign Investments. Fo
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Local bankers report that the major
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The International Bank for Reconstr
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total project costs for new venture
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Return to table of contents Chapter
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C1104AC) Buenos Aires, Argentina Ph
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Buenos Aires has a large number of
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Travelers should note that since Ar
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Internet: www.buyusa.gov/argentina/
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U.S. Department of Commerce Trade I
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(Argentine Chamber of Importers) Mr
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(Ministry of Federal Planning, Publ
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C1020AC Buenos Aires Switchboard: (
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25 de Mayo 487, primer piso C1002AB
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C1036AAJ Buenos Aires Phone: (54-11
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Fax: (54-11) 4312-7184 E-mail: mdem
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E-mail: fargosi@fibertel.com.ar BAS
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Bolivar 332, Piso 6 C1088AAH Buenos
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Mr. Klaus Bertram, President 25 de
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EXOLGAN TERMINAL PORTUARIA S.A. Mr.
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C1006ACI Buenos Aires Phone: (54-11
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Fax: (54-11) 4131-3900 E-mail: info
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www.starwoodhotels.com/sheraton/pro
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Return to table of contents Chapter
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