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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

CONCEPT OF DILUTION AND PARASITIC USE

In Prejudicial Interpretation 152- IP -2015, the Andean Community Court of Justice stated that in connection with the risk of dilution and parasitic use, the judge should take into consideration the degree of notoriety or well-known character of the sign in order to determine the real risk of being object of dilution or parasitic use.

BOLIVIA, COLOMBIA, ECUADOR AND PERU

CONCEPT OF CONFUSION REGARDING TRADEMARKS FOR EDUCATION SERVICES

In Prejudicial Interpretation 178- IP -2015, the Andean Community Court of Justice referred to the confusion between trademarks that cover educational services and the fact that consumers of this type of services are more discerning.

CHILE

THE HAGUE CONVENTION (“APOSTILLE CONVENTION”) ENTERED IN FORCE ON AUGUST 30TH 2016

With the enactment of Law No. 20,711 on August 30th 2016, Chile adhered as one of the member countries of The Hague Convention. Consequently, Chilean documents will not require legalizations other than the Apostille in order to be used in other member states.

COLOMBIA

NEW REGULATIONS FOR THE EXHAUSTION OF FOOD LABELS

By means of Resolution No. 2016028087 of 2016, the Colombian Regulatory Authority (INVIMA) established the guidelines to address the permissible and non-permissible situations for the authorization to exhaust the use of labels of adhesives in food products.

COLOMBIA

COMPUTER IMPLEMENTED INVENTIONS AND THE COLOMBIAN PATENT OFFICE

The Colombian Patent Office used to regularly object computer-implemented inventions on the grounds of Article 15 of Decision 486 which states that computer programs, software and methods for presenting information shall not be considered inventions. However, it is increasingly common to find more granted patents in this area of ​​technology, provided that the object of the invention does not point directly to software since it must also correspond to a product or process.

COLOMBIA

SUPERINTENDENCIA DE INDUSTRIA Y COMERCIO NO OTORGA EXCLUSIVIDAD SOBRE EL TÉRMINO CUARTO DE LIBRA POR TRATARSE DE UN TÉRMINO DESCRIPTIVO

La Superintendencia de Industria y Comercio declaró infundada la oposición presentada por McDonald’s Corporation y concedió el registro de la marca CUARTO D’ LIBRA (Mixta) en clase 43 a nombre de Luis Eduardo Bayona Donado.

COLOMBIA

TRADEMARK OFFICE FAILS TO GRANT EXCLUSIVE RIGHTS OVER THE EXPRESSION CUARTO DE LIBRA (QUARTER PUNDER) CONSIDERING THAT IT DESCRIPTIVE

The Trademark Office granted registration for trademark CUARTO D’ LIBRA & Design in class 43 in the name of Luis Eduardo Bayona Donado after declaring ill-founded an opposition filed by McDonald’s Corporation.

COLOMBIA

NOTORIOUS TRADEMARK PROTECTION DEMANDS SIMILARITY BETWEEN THE CONFLICTING SIGNS

Even though notorious trademarks must have a greater protection against risk of confusion or association, the Trademark Office demands similarity between the notorious trademark and the sign against which an opposition is filed.

COLOMBIA

CONGRESS TO MODIFY COPYRIGHT LAW

The proposed legislation brings a series of amendments to Law 23 of 1982 (copyright law) in order to comply with several obligations that Colombia acquired with the United States upon executing the free trade agreement.

COLOMBIA, ARGENTINA, BRAZIL, CHILE, ECUADOR, PARAGUAY, PERU AND URUGUAY

AGREEMENT TO ALLOW ACCESS TO PATENT PROSECUTION HIGHWAY (PPH)

Representatives of the Industrial Property Offices of Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru and Uruguay met with the intention of releasing a joint statement to initiate the execution and implementation of the Patent Prosecution Highway (PPH) pilot program.

PERU

THE TRADEMARK OFFICE (INDECOPI) ESTABLISHES THE CRITERIA FOR THE SELECTION OF CASES IN DEFENSE OF COLLECTIVE CONSUMER’S INTERESTS

As part of the Peruvian Trademark Office’s initiative in favor of consumer protection, and in order for consumers to obtain full compensation when their rights have been violated, Directive No. 003-2016 was approved which establishes the criteria to be applied, and the mechanism of selection of cases for INDECOPI to promote judicial proceedings in defense of collective consumer’s interests.