Ryan Denson
Manager, International IP for the Global Innovation Policy Center (GIPC), U.S. Chamber of Commerce
Lesly Henderson-Rubio
Executive Director, U.S-Argentina Business Council
Executive Director, Coalition for the Rule of Law in Global Markets
Published
March 27, 2026
On March 18, Argentina took a significant step forward in enhancing its intellectual property framework by overturning a highly problematic 2012 Joint Resolution that had severely limited the ability to patent new chemical and pharmaceutical innovations. This long-awaited repeal gives the National Institute of Industrial Property (INPI) the authority to review patent applications individually, paving the way for greater innovation and providing much-needed legal certainty.
A look back: The 2012 Joint Resolution had long been a major issue raised in the USTR Special 301 Reports. It introduced stricter rules for granting patents, going beyond the usual global best standards. It conflicted with commitments Argentina had made under the WTO TRIPS Agreement. In 2015, additional restrictions were added, making it harder to patent biotechnological innovations like genetic sequences and modified cell components. The Chamber and its U.S.-Argentina Business Council have consistently recommended, including most recently in its 2026 Special 301 submission and the 2026 International IP Index, that Argentina repeal these restrictive regulations, which discouraged predictable, enforceable protections for long-term investments in innovation.
Why it matters: On February 5, 2026, Argentina and the United States signed the Agreement on Reciprocal Trade and Investment (ARTI). This proactive repeal responds to one of the many commitments Argentina made related to intellectual property, though the ARTI still has yet to be ratified by the Argentine Congress.
The repeal of the 2012 Joint Resolution positions the country to compete more effectively across the life sciences value chain, enhances market predictability, improves the investment climate, and fosters innovation-driven growth. By addressing restrictive criteria protecting existing pharmaceutical products, the reform enhances innovators’ ability to develop and market groundbreaking innovations in areas like biotechnology and pharmaceuticals that provide life-saving treatments for consumers.
The work ahead: While this milestone is worth celebrating, more remains to be done. The Chamber urges the Argentine government to extend the repeal to include limitations on patentability for biotechnological innovations involving living matter and natural substances, and for swift ratification of the Patent Cooperation Treaty (PCT) by the Argentine Congress.
Moving forward: The Chamber applauds this much-needed critical reform and looks forward to collaborating with U.S. and Argentine policymakers and stakeholders to build on the progress achieved. Together, we can continue advancing intellectual property protections and fostering an environment that supports innovation and economic growth.
About the authors
Ryan Denson
Ryan Denson is Manager for International IP for the Global Innovation Policy Center at the U.S. Chamber of Commerce.
