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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

CONCEPT OF “IMMINENT TRADEMARK INFRINGEMENT”

In Prejudicial Interpretation 367- IP -2015, the Andean Community Court of Justice stated that it is possible to go forth with an infringement action not only when an infringement has been committed but also when an infringement is imminent.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

UNFAIR COMPETITION RELATED TO INDUSTRIAL PROPERTY

In Prejudicial Interpretation 322- IP -2015, the Andean Community Court of Justice referred to the faculty that competent authorities have of denying trademark registrations when they have reasonable grounds to infer that their registration has been requested to commit, facilitate or consolidate an unfair competition act.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

PREFERENTIAL RIGHTS DERIVED FROM TRADEMARK NON-USE CANCELLATION ACTIONS

Prejudicial Interpretation 436 – IP -2015 of the Andean Community Court of Justice sets the time limits of the preferential right to registration when a non-use cancellation is obtained, and establishes criteria for the evaluating said use.

BRAZIL

THE BRAZILIAN PTO ISSUED THE NEW PATENT EXAMINATION GUIDELINES – BLOCK II

The Brazilian Trademark and Patent Office (BTPO) published the new patentability requirement guidelines (Block II) for patent examination. Said new guidelines dictate the way in which formal requirements have to be analyzed.

COLOMBIA

CLEAR RULES FOR PHARMACEUTICAL MARKETING AUTHORIZATIONS

The Colombian Regulatory Authority (INVIMA), demands the submission of bioequivalence and bioavailability studies in order to grant marketing authorizations. Said studies seek to demonstrate the quality, efficacy and safety of one type of drug in comparison to another one containing the same principle and dose, and to analyze the drug’s capability to act in a particular time frame and site.

ECUADOR

DECISION REGARDING THE INFRINGEMENT OF DESIGNATION OF ORIGIN TEQUILA

The Ecuadorian Institute of Intellectual Property (IEPI) issued Resolution No. 1111113 of July 19, 2016, by means of which LICORERAS ASOCIADAS S.A. was sanctioned for the infringement of designation of origin TEQUILA in the name of the United Mexican States.

ECUADOR

NEW PATENT OFFICAL FEES IN ECUADOR

The Ecuadorian Intellectual Property Institute (IEPI), by means of Resolution No. 001-2016 -CD- IEPI, has set new official fees for certain patent application procedures in response to a request made by the European Union within the framework of their trade agreement negotiations.