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Intellectual Property Bulletin

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BOLIVIA, ECUADOR, COLOMBIA AND PERU

ANDEAN COURT OF JUSTICE PROVIDES GUIDELINES FOR THE STATUTE OF LIMITATIONS OF TRADEMARK INFRINGEMENTS

According to Decision 486, trademark infringements prescribe 2 years after the owner had knowledge of the infringement or 5 years counted from the date on which the infringement last took place. However, the Andean Court of Justice issued a prejudicial interpretation in Process 502-IP-2016 clarifying the date from which the statute of limitations for trademark infringements will operate depending on their characteristics

COLOMBIA

INVIMA MAKES EASIER THE PROCESS FOR THE MARKETING AUTHORIZATIONS OF PRODUCTS MANUFACTURED FROM TRADITIONAL PLANTS

INVIMA issued Decree 1156 of 2018 the last July 6th 2018, which regulates the marketing authorizations for phytotherapeutic products. The entity makes easier the process for obtaining, renewing and modifying this authorizations of those products manufactured from plants

COLOMBIA

INVIMA ESTABLISHES THE PROCESS FOR OBTAINING OF THE MARKETING AUTHORIZATIONS OF PRODUCTS BASED ON MEDICINAL PLANTS SUCH AS CANNABIS

Decree 1156 of 2018 establishes the process and documents required to obtain marketing authorizations for products based on medicinal plants such as cannabis

BRAZIL

CHIKYNGUNYA AND ZIKA, ELIGIBLE TO PARTICIPATE IN FAST-TRACK EXAMINATION

Rule # 217/2018 issued by the Brazilian Patent and Trademak Office modifies Rule #80/123 and expands the possibilities of filing further patent applications related to pharmaceutical and biotechnological matters.

MEXICO

NO FORMAL PATENT OPPOSITIONS PROCEDURE

Given the case in which somebody has information or comments related to the patentability of the invention of a pending patent application in Mexico, the Mexican Patent Law establishes that the person may file the information within the next six months after the patent’s publication, but it is not taken as a formal patent opposition under the Mexican Law

PERU

INDECOPI LEADS DEVELOPMENT OF NATIONAL INTELLECTUAL PROPERTY POLICY WITH WIPO’S SUPPORT

The Peruvian Intellectual Property Office (INDECOPI) signed an agreement with WIPO on July 11th 2018 for the drafting and development of the Intellectual Property Policy in Peru