Union européenne
Marques de fabrique ou de commerce
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your jurisdiction. Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.
The methodology for using the exceptions under the Agreement is set forth in various provisions of domestic law, such as Article 32 of Law No. 25.163. However, the assessment of whether a name is to be considered as generic must be conducted on a case-by-case basis, at a given moment in time and for a specific region.