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Intellectual Property Bulletin

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BRAZIL

INDUSTRIAL DESIGN DATABASE

The National Institute of Industrial Property (INPI in Spanish), in cooperation with the European Union Intellectual Property Office, have made available the industrial design database, “DesingView”.

COLOMBIA

COPYRIGHT AUTHORITY PROTECTED THE MORAL RIGHTS OF A PHOTOGRAPHER

The Copyright Authority protected the moral rights of a photographer named Marcus Ingo Rudolf who had an agreement with the Montessori School of Cartagena (Colombia) to take some photographs which were going to be used by the school for advertising purposes.

COLOMBIA

TRADEMARK OFFICE GRANTED REGISTRATION FOR A COLOR TRADEMARK TO DISTINGUISH CAKES AND BISCUITS

The Trademark Office granted registration of an orange color trademark (PANTONE 021) to distinguish cakes and biscuits.

COLOMBIA

ENTRY INTO FORCE OF THE ELEVENTH EDITION OF THE INTERNATIONAL NICE CLASSIFICATION

On January 1th 2017, the eleventh edition of the International Nice Classification of goods and services for the registration of trademarks entered into force.

COLOMBIA

PROHIBITION OF REGISTERING THE NAMES, WORDS, CHARACTERS OR SIGNS OF INDIGENOUS COMMUNITIES AS TRADEMARKS

The Colombian Trademark Office protected the pre-Columbian figure of the “jaguar man”, symbol of the indigenous culture Tolima, reminding that the registration of these type of signs as trademarks, as well as the names, words, characters or any other element that constitutes the expression of the culture of an indigenous community may only be registered in the name of the community to which they belong or with its consent.

COLOMBIA

TRADEMARK OFFICE PROTECTS NOTORIOUS TRADEMARK LA CASITA ROJA FROM THE REGISTRATION OF A PRACTICALLY IDENTICAL TRADEMARK COVERING UNRELATED SERVICES

The Trademark Office has recently denied registration of a practically identical sign to a notorious trademark covering unrelated services, despite previously arguing that there is no risk of confusion or association with a notorious sign, if there is lack of competitive relation between the goods or services covered.

COLOMBIA

PROPOSED AMENDMENT TO BIOLOGICAL DRUGS RESOLUTION NO. 4490

The Colombian Ministry of Health has issued a proposed modification to articles 2, 5 and 8 of Resolution No. 4490 of 2016 related to the registration of biological medicine processes, regarding its scope of application, “post-marketing” surveillance and enforceability.

ECUADOR

NEW CLASSIFICATION FOR FOOD SUPPLEMENTS

The National Agency of Regulation, Control and Surveillance (ARCSA in Spanish) issued Resolution No. 028-2016-YMIH establishing a new classification for dietary supplements and the requirements under which their sanitary notification will be granted.

PERU

NEW CRITERIA FOR THE PARTIAL CANCELLATION OF A TRADEMARK DUE TO LACK OF USE

According to Article 165 of Decision 486, it is possible to cancel the registration of a trademark due to lack of use when it has not been used in the market by its owner or licensee within the prior three years to the action filing date. It is important to note that the Trademark Office may order the partial cancellation if it considers that the lack of use only affects certain products or services.

TRIPS

AMENDMENTS TO TRIPS IN ORDER TO EASE ACCESS TO MEDICINES IN DEVELOPING COUNTRIES

On January 23th, article 31 bis entered into force. The amendment, approved by two-thirds of the WTO members, allows countries with limited or no capacity of manufacturing drugs to import patented drugs from a third country under special conditions.