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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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…

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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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