Section 1234 specifies that, in order to be enforceable to third parties, a lease agreement must be filed with the corresponding register, depending on the nature of the property. 13. If, during the registration of the licensee as a registered user, the Registrar of Trademarks imposes a condition that is not acceptable to the licensee, the licensee will withdraw the application for registration or the licensee will have the opportunity to terminate the contract. Conclusion: there are currently a number of instruments, mechanisms, forms and agreements that are used in other countries to finance businesses and buy intellectual property and other goods. Brand leasing is not an agreement developed in our country and I think there are many ways to prove to be a very ductile instrument and to perfect the purchase of products and/or associated brands. In recent years, several countries around the world – Argentina in a more limited way – have begun to use some intangible and intellectual property rights as instruments of commercial/commercial financing. Although there have been previous securitizations, it could be said that the securitization of intellectual property began in 1997 with the broadcast of the “Bowie Bonds” (supported by the royalties of 25 albums by singer David Bowie). Currently, this technique has been extended to film rights, artistic and literary expressions, trademarks and patents. The increasing improvement and acceptance of IP valuation methods by governments and investors, as well as the growth of the global licensing market, have increased the potential of these transactions.
The trademark leasing contract: in this article, I share some thoughts about one of the securitization arrangements currently under way in our country with regard to brands: the leasing contract. Article 2 of Act 25.2481 provides for the possibility of celebrating a trademark lease. However, it is not always useful or convenient to buy brands as part of this agreement. I think the lease of a trademark would have more relevance and interest if it were used for the acquisition of a trademark related to a product, certificate or authorization and/or related to that.