Deal Archives – Giró Martínez

PERU: Modification of deadlines in trademark procedure and infringement actions

In Peru, the basic industrial property legal framework is the Common regime on industrial property contained in Decision 486 of the Andean Community. This community standard is complemented with norms issued by national…

Due diligence in the management of personal data

That very abstract concept: due diligence. In these times, our personal data is society’s most valuable weapon. We are surrounded by technology and what that means is accepting the terms and conditions of…

Brussels proposes protecting craft and industrial products in Europe

Craft products are one of the great riches of Europe and although the vast majority of countries (not all) that are part of the European Union have their own legislative framework for designations…

New technical guidelines for patentability of inventions associated with transgenic plants with focus on elite events in Brazil

Last March, the Brazilian National Institute of Industrial Property (INPI) published a Technical Note (INPI/CPAPD No. 01/2022), to which you can access below, with the objective of clarifying the patentability of inventions involving…

What should we take into account in relation to genuine use of a trademark in the Andean Community?

Not put the trademark to genuine use by its proprietor can have serious consequences. The most damaging is the declaration of lack of genuine use, which entails the declaration of invalidity of the…

Single color trademarks in Latin America

The main function of trademarks is to distinguish the goods and/or services of a given business origin from those of other competitors. There are many different ways of registering a trademark, whether it…

Is it possible to refuse registration by a new proprietor of a trademark name that is no longer in force if there are earlier copyrights?

To deal with this case, we turn to Mexico. The Mexican Industrial Property Law requires express authorization or consent from the holder of a prior right in order to register a trademark whose…

The new Federal Law on the Protection of Industrial Property enters into force in Mexico

On November 5th, 2020, in view of the entry into force of the #USMCA, #ACEUM, (July 1, 2020) and the #HagueAgreement (June 6, 2020), Mexico launches its new FEDERAL LAW FOR THE PROTECTION…

Recent News and a reminder regarding patent prosecution in Brazil

This month of September/2020 has started with news from the Brazilian Patent and Trademark Office as regards to patents. Priority Examination Two additional priority examinations have been allowed as of September 1st which…