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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR, AND PERU

THE EXHAUSTION OF RIGHTS CONCEPT BY THE COURT OF JUSTICE OF THE ANDEAN COMMUNITY

According to the “exhaustion of rights” the registration of a trademark does not give the right to its owner to prevent a third party to carry out acts of commerce in respect to a product protected by such registration, if that product has been entered into commerce in any country by the owner of the registration or by another person with the consent of the holder or if economically linked to him.

BRAZIL

ENTRY INTO FORCE OF THE EXAMINATION GUIDELINES FOR COMPUTER IMPLEMENTED INVENTIONS IN BRAZIL

The Brazilian Patent Office discloses the examination guidelines for computer implemented inventions, which started to be inforce as of December 6th 2016.

COLOMBIA

COLOMBIAN TRADEMARK OFFICE CONCLUDES THAT THERE IS NO RISK OF CONFUSION OR ASSOCIATION WITH A NOTORIOUS SIGN, IF THERE IS NO EXISTENCE OF COMPETITIVE CONNECTION BETWEEN PRODUCTS AND SERVICES

The Colombian Trademark office considers that there is no risk of confusion or association with a notorious sign, if there is lack of competitive connectivity between products and services.

COLOMBIA

LAST DEBATE IN COLOMBIA REGARDING BILL TO PROMOTE THE CREATIVE INDUSTRIES BASED ON INTELECTUAL PROPERTY “ORANGE LAW”

The bill also known as Orange Law is under the last debate. The purpose of this law is to promote and encourage creative industries in the country, as well as the strengthening of public, private and mixed institutions oriented to the promotion and dissemination of cultural and creative activities developing an economy around the creative industries.

COLOMBIA

COMPULSORY LICENSE FOR COSTLY MEDICINES

Last year on 2016, the Colombian Government had to face the difficult position of studying the possibility of granting a compulsory license for the drug Glivec® medicament. The compulsory license was not granted and the Colombian Government decided to solve the problem through a cost reduction.

MEXICO

TERM TO REPLY OFFICIAL ACTIONS

On December 27th 2016, the Mexican Patent and Trademark Office (IMPI) published the life terms for the patent and trademark prosecution.

PERU

APPROVAL OF COMPLEMENTARY PROVISIONS TO DECISION 486 WHICH ESTABLISHED THE COMMON PROVISIONS ON INDUSTRIAL PROPERTY

Legislative Decree No. 1309 approved various amendments and included several provisions to Legislative Decree No. 1075, by means of which the Complementary Provisions to Decision 486 were approved.