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…

Read more
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…

Read more
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…

Read more
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…

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Is it possible to refuse registration by a new proprietor of a trademark name that is no longer in force if there are earlier copyrights?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

Read more
Is it possible to sanction a public agency for not having a DPO?

Since the reform in 2018 of the Data Protection regulation, the emergence of the figure of the Data Protection Officer (DPO) has become an indispensable figure in most companies and public organisms. The…

Read more
Legal protection of fragances through Intellectual Property

Perfume is one sign of our identity. An essential accessory that we do not usually forget before leaving home. A scent that transports us to moments, memories and people. However, we must not…

Read more
Who owns an AI generated invention or work or art?

The question captures our attention. In the midst of the fourth industrial revolution this is a question that was long overdue. This revolution is marked by the emergence of new technologies including: robotics,…

Read more
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…

Read more