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Trademark Leasing Agreement

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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. In this case, the advantage of the contract figure is the possibility of acquiring intangible property (brand) and a certificate or authorization of the product or service, without having to pay the agreed amount immediately. In general, the value of the combined purchase of brands, certificates and/or authorizations of products or services is not negligible.

Subsequently, the total amounts are often requested, which is an obstacle to the completion of the transaction. Similarly, the buyer may pay a sum of money for a product, service, certificate and/or authorization, without the success of that business being guaranteed. As a result, the leasing arrangement allows for phased payments, while the product or service generates its own income. At the same time, there is a final purchase date for the brand and the certificate/authorization. Leases also contain RULES on IP. In Section 1227 of the new civil and commercial code, a “lease” is referred to as a contract to which the lessor agrees: the purpose of a franchise agreement is to authorize the franchisee to use a proven system of marketing goods or services. The license for the industrial or intellectual property rights concerned is therefore directly related to the essential purpose of a franchise agreement, to the cloning or copying of the franchisor`s company, including the identification of the franchisee`s company with the franchisor`s corporate image. In addition, there is nothing to prevent the existence of an Internet domain as a complement to the brand and the certification/authorization associated with the agreement. It is possible that the tenant pays a higher amount than if he or she purchased the goods or services in a payment, but financially it may be more convenient for him or her to pay lower payments. It also allows it to simultaneously generate revenue for the development and sale of the recently acquired product or service.

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