How to protect a Software in Argentina?

In Argentina, the protection of the Software is contemplated in the Intellectual Property Law No. 11,723. The Law establishes in its article 1 that computer programs are protected under said regime.

In Argentina, software –as well as literary, artistic and any other type of works that are protected by the Intellectual Property Law-, can be registered with the National Directorate of Author’s Rights (DNDA).

The main benefit is that it grants a presumption of authorship over the work (which admits proof to the contrary) and also grants a certain date of creation. Likewise, the registration of the Software work serves as an element of comparison in cases of plagiarism and piracy. In this case, the copy of the deposited work is sent to the Judiciary for the respective assessment to be carried out.

The Intellectual Property right over a work arises at the very moment of its creation. That is why the registration of the work before the DNDA is not constitutive of the right, but is declarative. However, it is highly recommended to register the work before the DNDA.