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Intellectual Property Bulletin

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BRAZIL

PATENT PROSECUTION HIGHWAY
The USPTO and the Brazilian Patent Office (INPI) signed an agreement for launching the Patent Prosecution Highway starting with a pilot program.

COLOMBIA

IMPORTANT INFORMATION TO AVOID TRADEMARK CANCELLATION BASED ON LACK OF USE
In a recent ruling, the Council of State adopted a different position from the one stated by the Deputy Superintendent for Industrial Property Matters regarding trademark cancellation based on lack of use.

The Council of State stated that trademark cancellation should not be denied when its owner provides evidence of use for goods or services lacking of a sufficient competitive relation with the ones covered by the trademark registration. The proven use may only be extended to goods or services which have a gender-species relation, may replace or complement the ones that are effectively used with the trademark.

COLOMBIA

A MEMORANDUM OF COOPERATION WAS SIGNED BY THE COLOMBIAN PTO TO DEVELOP A DATABASE QUERY ASSOCIATED WITH THE PRODUCTS AND SERVICES IN TRADEMARK APPLICATIONS
On December 02, 2015 the Colombian PTO signed a Memorandum of Cooperation with the United States Patents and Trademarks Office (USPTO), the Japanese Patents Office (JPO), the Korean Intellectual Property Office (KIPO), the Organization for the Harmonization of the Internal Market (OHIM) and the State Administration for Industry and Commerce of the People’s Republic of China (SAIC) to develop a database search of lists of products and services associated to trademark applications registration purposes.

COLOMBIA

NETFLIX LAW
Colombia’s Congress is discussing whether the Netflix service should be considered as a public service with the implications that it entails about the contents (which may be subject to regulation) and fair competition in the entertainment sector.

COLOMBIA

THE COLOMBIAN PTO IMPLEMENTS THE AUTOMATIC RENEWAL OF TRADEMARKS AND SLOGANS
Through the issuance of Resolution No.92344 of 2015, the Colombian PTO modified the current legislation concerning the renewal system for trademarks and slogans.

COLOMBIA

PATENT COOPERATION PROGRAM BETWEEN THE COLOMBIAN PATENT OFFICE AND THE JAPANESE PATENT OFFICE
In order to improve the patentability field (prosecution and examination) the Colombian Patent Office started cooperation with the Japanese Patent Office.