Brazil’s ANVISA will stop examining pharmaceutical patent applications

Twenty-two years after the approval of the Brazilian Patent Law (Law 9.279/96), the obligation (article 229-C) for all pharmaceutical patents to be subject to prior approval by ANVISA (National Health Surveillance Agency, equivalent…

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New guidelines for the examination of patent applications in the field of biotechnology in Brazil

On 1 December 2020, INPI/PR Normative Instruction No. 118/2020 was published in the Industrial Property Journal (RPI) and came into force, which establishes the new Guidelines for the Examination of Patent Applications in…

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Vulgarization of trademarks or how to lose distinctiveness through over-popularity

Kleenex®, Tipp-Ex®, Rimmel®, Velcro, bimbo® bread, aftersun®… We have all used many of these words at some time in our everyday language to refer to certain products in a generic way, but the…

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PUMA, LEE OR LACOSTE’S COCODRILE: the concept of relevant public in Latin America from a jurisprudential perspective.

When we speak of the relevant public in trademark law, we refer to the consumer public at which the product in question is intended to be sold. The concept of relevant public is…

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The amendment before the EPO of a patent subject to ongoing litigation

On October 16, 2020, the Provincial Court of Barcelona issued a ruling that we consider very interesting and which provides an answer to the question of what should happen in an ongoing dispute…

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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…

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Intervention as “amicus curiae” before the Courts of Argentina in patent litigation.

The Argentinian Federal Court has recently confirmed that a third party may not be entitled to intervene as third party at a Court level. In Actelion Pharmaceuticals v. the Patent Office of Argentina,…

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The Washington Convention to the rescue of non-registered trademarks

With the increase in digital sales, many customers are starting to sell in remote countries where they had not been able to sell yet. And those sales come before they decide whether to…

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Shapes as TM in Latam – The restrictive position of Chile

A recent resolution from the Chilean INAPI has reminded us that Chile is one of the few countries which formally reject the possibility to register the shape of a product as a trademark….

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