News – Giró Martínez

A fuzzy target: revisiting the enforcement of trademark infringement against online platforms. The opinion of the Advocate General in the Louboutin vs Amazon case before the CJEU.

Introduction Trademark rights grant their owners the right to exclude third party users of identical or similar signs to distinguish identical or similar products or services. If trademarks are well-known, then the right…

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…

Trademark protection based on the shape of the product in Chile: how the three-dimensional trademark is progressing in the country

We are not telling anything new when we say that the function of trademarks is to distinguish goods or services on the market by indicating their business origin through their distinctive sign. One…

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…