BOLIVIA, COLOMBIA, ECUADOR AND PERU
THE CHANGES IN A TRADEMARK MAY CAUSE THE LOSS OF ITS DISTINCTIVE CAPACITY, AND ITS USE WOULD NOT BE EITHER REAL OR EFFECTIVE
In a recent Prejudicial Interpretation, the Andean Court of Justice reiterated that when analyzing if a Trademark has been used, it should be taken into consideration not only if the Trademark retains its essential elements, but also if the changes made to the Trademark, by adding or subtracting elements, dilute its capacity to differentiate products or services, because in such case there is no real and effective use of the trademark.
CONDEMN FOR SHAM LITIGATION TO PREVENT COMPETITION
The CADE (Administrative Council for Economic Defense) condemned Eli Lilly for regulatory violations and imposed a fine of BRL 36.6 million due to having obtained injunction in order to prevent the Sanitary Authority (ANVISA) from granting authorizations to Eli Lilly’s competitors to sell medicines similar to Gemzar for the treatment of breast cancer.
POSSIBILITY OF PROTECTING BUSINESS METHODS AND SOFTWARE-RELATED INVENTION
The IMPI’s (Mexican Patent Office) practice is following the European Patent Office guidelines and thus, it is possible to protect software-related inventions or business methods if a tangible effect is obtained therefrom.
DATA PROTECTION FOR AGROCHEMICALS
When the health registration of a new chemical entity is granted in Colombia, the undisclosed information contained in the test protocols cannot be used to directly or indirectly support the approval of another application of the same chemical entity.