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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Project to reform the Brazilian Industrial Property Law: will it be possible to amend a patent application after filing?

On 2 July 2021, the Chamber of Deputies of the Brazilian National Congress approved Bill No. 10.920/18 in relation to articles 19, 32, 35 and 217 of the Industrial Property Law. In relation…

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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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Distinctiveness of a trademark. An approach from an Ibero-American perspective.

One of the most controversial aspects in the world of Intellectual Property is the denial of registration of a trademark due to its lack of distinctiveness. Escape route or reality? One of the…

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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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