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Intellectual Property Bulletin

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COLOMBIA

Agreement with United States, Spain and Japan for the Patent Prosecution Highway (PPH)
The Colombian PTO offers the possibility to request the Patent Prosecution High Way during the patent application procedure. The purpose of this possibility is to speed up the prosecution, and to save efforts and time by using the searches and patentability examinations which have already been issued by other Patent Offices in other countries.

COLOMBIA

Change in the formal examination practice
The Colombian PTO has decided to make substantive objections in the formal examination in order to speed up the search and the substantive examination.

BRAZIL

New Guidelines for the Biotech patent applications examinations
By means of Resolution 144, the Brazilian PTO established the new guidelines for the examination of patent applications related to the biotech field.

NICARAGUA

Oppositions based on non-registered trademarks
It is possible to file an opposition based on a non-registered trademark when the trademark has been used in Nicaragua for at least six months.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

The Andean Court of Justice acknowledges the “trade dress” figure
The Andean Court of Justice has accepted that the manner of presenting the products or services in the market (trade dress) may be protected as a tridimensional trademark, as an industrial design or through unfair competition actions.

COLOMBIA

The Trademark Office declared the Geographical Indication “Suaza Hat” and simultaneously delegated its management to an association that represents the interests of the beneficiaries.
The “Suaza Hat” is known due to the quality of the threads used in its manufacturing, which are related to the place where the Iraca (palm) is grown, as the Valley of the Suaza River offers special conditions of soils and temperatures.

PANAMA

Bill regarding generic packing for cigarettes is being discussed.
The Bill indicates that the trademark will remain with the sanitary warnings, but that all other aspects will be uniform (dark gray, white Arial 20 font, the same shape, size and design for all the packs).