The United States removed Argentina from the priority list of intellectual property under Milei's management

The United States removed Argentina from the priority list of intellectual property under Milei's management
porEditorial Team
Argentina

The exit from the Priority Watch List responds to the reforms promoted by Milei, which aligned Argentina with international standards in intellectual property

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The United States decided to remove Argentina from the “Priority Watch List”, the most critical step in its annual report on intellectual property, to locate it in the “Watch List”, in what constitutes the first concrete recognition after more than a decade of permanence in the most questioned category. The country was also accumulating comments for three decades for commercial distortions linked to the lack of respect for copyrights and patents

.

The measure came after the signing of the “Agreement on Trade and Reciprocal Investment (ARTI)” between Argentina and the United States in February 2026, an understanding that consolidates the strategic alignment of the Milei government with the international standards promoted by Washington. According to the document from the Office of the U.S. Trade Representative , ARTI “will benefit American innovators and creators by improving intellectual property (IP) protection and prioritizing enforcement against IP theft.” Within this framework, Argentina made commitments to advance key international treaties and raise regulatory standards

.
Pablo Quirno and Jamieson Greer
Pablo Quirno and Jamieson Greer

One of the most important structural changes highlighted by the report was Argentina's decision to repeal “excessively broad limitations” on patentable matters, particularly in the pharmaceutical sector. These restrictions included guidelines that “automatically rejected applications for categories of pharmaceutical inventions that are eligible for patent in other jurisdictions and required that the processes for manufacturing active compounds disclosed in a specification be reproducible and applicable on an industrial scale.” This regulatory turn—formalized in March 2026—removes obstacles that for years discouraged innovation

and investment.

The report also details a battery of measures taken to get off the priority list. Among them, the preparation of “reports on the viability of a data protection regime and on the causes of delays in the patent granting process”, as well as the strengthening of criminal prosecution through “dissuasive sanctions, including higher fines and prison sentences for falsification committed by organized

criminal networks”.

At the institutional level, the agreement provides for providing ex officio authority to border agencies, creating a coordinating body in the area of intellectual property and modifying local legislation to ensure effective civil actions, including the possibility of applying precautionary measures against piracy. At the operational level, the commitment includes “increasing operations and seizures in notorious markets and distribution centers”, together with the development of a national strategy to combat counterfeiting

.

The country also pledged to “collect and publish quarterly statistics on IP enforcement”, establish the liability of property owners where illegal products are marketed, and promote cooperation between Internet service providers (ISPs), rights holders and other interested parties. The objective is clear: to advance the “investigation and criminal prosecution of website operators based in Argentina dedicated to commercial piracy

”.

In parallel, the agreement incorporates clauses on agri-food trade, ensuring that Argentina will maintain access to the U.S. market for producers who use traditional names, so that “access to the market is not restricted solely by the use of certain cheese and meat terms.” “strong standards of transparency and fairness in the protection of geographical indications (GI)” are also established, avoiding arbitrary restrictions on U.S. products

.
The presidents, Javier Milei and Donald Trump
The presidents, Javier Milei and Donald Trump

Despite advances, the report warns that Argentina “continues to present historic challenges to IP-intensive industries.” Difficulties persist in both physical and digital markets. In this regard, “La Salada and Barrio Once in Buenos Aires” have once again been identified as relevant sources of illegal trade. In 2025, a court order allowed 60 simultaneous operations in La Salada, with multiple arrests, although the document notes that the police “generally do not act ex officio and proceedings can be stalled

in excessive formalities.”

On the digital front, it stands out that a joint operation dismantled the illegal service “Magis TV Pro”, with four arrests and one conviction, but warns that online piracy continues to expand. According to the report, law enforcement in this area depends to a large extent on rights holders trying to “convince Argentine ISPs to remove infringing content or obtain precautionary measures in civil proceedings, both of which are slow procedures

with limited effectiveness.”

Among the recommendations, the United States urges deepening measures such as “enforcing the liability of property owners and strengthening enforcement against the sale of infringing property”, as well as reforming legislation to increase sanctions against criminal networks.

With regard to patents, comments persist about “limitations to the patentability of biotechnological innovations based on living matter and natural substances”, in addition to the lack of protection for test data in key sectors. Although the National Institute of Industrial Property (INPI) managed to reduce the backlog, there are still average delays of six to seven years in granting patents

.

With regard to geographical indications, Washington called for ensuring “transparency and due process”, especially within the framework of the European Union-Mercosur agreement, to avoid restricting the use of common names.

Finally, the United States confirmed that it will continue to monitor the implementation of these commitments and will maintain dialogue through the bilateral “Innovation and Creativity Forum”, created under the TIFA agreement, thus consolidating a strategic relationship based on clear rules, legal certainty and economic openness.


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