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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

THE POSSIBILITY OF REGISTERING TACTILE OR TEXTURE TRADEMARKS WAS EXPRESSLY ACKNOWLEDGED BY THE ANDEAN COURT OF JUSTICE.
By means of Prejudicial Interpretation 242-IP-2015, the Andean Court of Justice acknowledged the possibility of registering tactile or texture trademarks, provided that they are distinctive and may be graphically represented.

BRITISH VIRGIN ISLANDS

NEW TRADEMARK LAW EFFECTIVE AS OF SEPTEMBER 1, 2015.
Among other changes that modernized the legislation in order to harmonize it with international standards, the most significant change is that it brought the dual registration system, which allowed local trademark filing together with the territorial extension of UK registered trademarks, to an end.

CHILE

PATENT TERM RESTORATION
A patent owner in Chile may request, before the Intellectual Property Court, “Supplementary Protection” in order to obtain time compensation due to the unjustified delay of the Chilean PTO during the patent application prosecution.

COLOMBIA

THE SYSTEMATIC REGISTRATION OF THIRD PARTY TRADEMARKS IS AN ACT OF UNFAIR COMPETITION
The Trademark Office ruled that Alpina Productos Alimenticios S.A. had committed unfair competition acts by applying for the registration of trademarks which were previously registered by Danone in other countries, evidencing its clear intention of blocking Danone’s entry into the Colombian market.

COLOMBIA

RELATIVE NULLITY ACTIONS ON THE GROUNDS OF CONFUSION WITH PRIOR TRADEMARKS MAY NOT BE WITHDRAWN.
The Council of State modified its views and no longer accepts the withdrawal of these actions on the grounds that they affect general consumer interests and not only the interests of the parties involved and third parties.

COLOMBIA

THE TRADEMARK OFFICE CANCELED THE SECOND TRADEMARK REGISTRATION ON THE GROUNDS OF ITS VULGARIZATION.
The Trademark Office cancelled the registration of Ferris Enterprises Corp’s trademark NACHOS upon considering that it became a commonly used word to make reference to the traditional Mexican cuisine corn or cereal tortillas.

MEXICO

BIOTECHNOLOGY INVENTIONS
Even though the Mexican Industrial Property Law is not clear regarding which is the biotechnology patentable subject matter in said country, the Mexican Patent Office’s practice allows concluding that many biotechnology inventions may be protected in this country.