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Intellectual Property Bulletin

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BOLIVIA, ECUADOR, COLOMBIA AND PERU

DE FACTO TRADEMARK COEXISTENCE SUGGESTS ABSENCE OF RISK OF CONFUSION

The Andean Community Court of Justice issued a prejudicial interpretation within Process 438-IP-2016, reiterating that de facto trademark coexistence or peaceful coexistence during several years may be an indication of absence of risk of confusion or association.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

COURT OF JUSTICE OF THE ANDEAN COMMUNITY CONCEPTUALLY STRENGTHEN THE DIFFERENCE BETWEEN THE TRADE NAME, CORPORATE NAME AND TRADE EMBLEM

The Court of Justice of the Andean Community issued preliminary ruling No. 522-IP-2017, in regards to the case of trademarks ULTRAGAS&DESIGN, GAS EVOLUTION (word) and the name and trade mark GAS&DESIGN. In the mentioned ruling, the Andean Community Court confirms that the protection granted to the trade name is subject to its real and effective use in relation to the establishment or the economic activity that distinguishes the same.

BRAZIL

ELECTRONIC SYSTEM FOR REGISTRATION OF ACCESS TO GENETIC HERITAGE AND ASSOCIATED TRADITIONAL KNOWLEDGE WILL BE AVAILABLE SHORTLY

The Brazilian Genetic Heritage Management Council (CGen) issued Ordinance 01/2017 dated October 13th 2017 which states that the electronic system for the registration of access to genetic heritage and associated traditional knowledge (SisGen) will be officially available in the following link from November 6th, 2017

COLOMBIA

COLOMBIAN TRADEMARK AND PATENT OFFICE ISSUES RESOLUTION No. 61034 OF 2017 BY MEANS OF WHICH SETS INDUSTRIAL PROPERTY RATES

On September 28th 2017, the Colombian Trademark and Patent Office issued Resolution No. 61034 of 2017, which sets the Industrial Property rates and amends the first chapter of Title X of Circular Única.

GUATEMALA

THE APOSTILLE CONVENTION HAS ENTERED INTO FORCE IN GUATEMALA

As of the 18th of September 2017, documents destined for use in Guatemala will no longer require consular or embassy legalization. With this Guatemala became in one of 115 states that recognize the apostille.

PERU

THE PATENT OFFICE OF PERU AND JAPAN BEGIN THE PILOT PROGRAM OF THE PATENT PROSECUTION HIGHWAY – PPH

The Patent Prosecution Highway (PPH) between the Patent Office of Peru (Indecopi) and Japan will begin on November 1st. This program seeks to accelerate the procedures for granting a patent application.