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Intellectual Property Bulletin

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BRAZIL

LAW NO. 13.243 OF 2016 IS ISSUED

Brazil has issued the legal framework regarding Science, Technology and Innovation, by means of Law No. 13,246 of 2016 which promotes innovation through associations between the public sector, state universities and private companies.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

IN A RECENT PRE-JUDICIAL INTERPRETATION, THE JUSTICE COURT OF THE ANDEAN COMMUNITY ADDRESSED DERIVATIVE TRADEMARKS, A NON-EXISTENT FIGURE IN THE ANDEAN LEGISLATION

The Court admitted that a trademark owner can file new derivative trademark applications, provided that the variations between the previously registered trademark and the derived trademark are not substantial, and that the products claimed in the application are identical to those already covered by the registered trademark.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

THE JUSTICE COURT OF THE ANDEAN COMMUNITY ESTABLISHED THE CRITERIA REGARDING THE REGISTRATION OF TRADEMARKS COMPOSED BY ONE OR TWO WORDS

Decision 486 expressly states that letters and numbers may constitute trademarks, provided that they are distinctive and that said distinctiveness may be present at the beginning of the application process or even may be supervening.

Although the Court has accepted the registration of trademarks composed by one or two letters, it warns that the registrability exam of trademarks that consist exclusively of Latin letters must be thorough due to the scarcity of letters.

COLOMBIA

THE REGISTRATION OF A GESTURAL TRADEMARK IS GRANTED

The Colombian Trademark Office granted the registration of a gestural trademark (footballer Pibe Valderrama’s extended thumb), which reaffirms the growing trend to register non-traditional trademarks.

COLOMBIA

THE TRADEMARK OFFICE JOINS THE TMCLASS DATABASE FOR CLASSIFYING PRODUCTS AND SERVICES

The Colombian Trademark Office signed a memorandum of understanding for technical cooperation with the Intellectual Property Office of the European Union (EUIPO) to implement support tools for users, such as TMclass. Mexico, Brazil and Peru are other Latin-American countries which are already using this tool.

COLOMBIA

THE COLOMBIAN PATENT OFFICE’S PRACTICE REGARDING AMENDMENTS, DIVISIONAL, CONVERSION REQUESTS AND MERGERS

With Resolution 3719 of February 2, 2016, the Colombian Patent Office implemented a series of measures related to the way in which matter of divisional applications may be divided, the time when said request may be filed, and other aspects regarding amendments.