Mondaq Latin America: Intellectual Property
The Federal Court confirmed that there is no need to register those subsequent documents which merely extend the term of validity of an agreement which has already been registered with the Argentine Trademarks Office, as long as they do not incorporate other technologies or other intellectual property rights.
On December 13, 2011, in the case "Aventis Pharma S.A. v. Sandoz S.A. et al on patent infringement. Damages", Division 1 of the National Court of Appeals on Federal Civil and Commercial Matters examined the requirement of appraising the amount claimed when filing a complaint for patent infringement.
The Brazilian Patent & Trademark Office has recently opened a new Public Consultation, this time on the draft guidelines for the examination of patent applications in the biotechnology field.
In corporate transactions it is extremely important to conduct a prior and detailed investigation over juridical aspects related to the target company before the closing of any deal. This investigation is known as due diligence.
As this is a very recent Resolution, when and how the BPTO will analyze such requests for belated entry into national phase in Brazil remains uncertain.
In most Latin American countries, trademark ownership is acquired by registering at the Trademark Office.
The international treaty that addresses the deposit of biological materials for the purposes of patent procedure is the Budapest Treaty, which was created on April 28, 1977 and currently has 73 member countries.
The specialization of the Federal Court of Appeals is hoped to increase both the quality and speed of the decisions in the industrial property area.
Microsoft filed a court action against Frigorífico Tamoyo Ltda alleging, among other things, that Tamoyo was overusing its Windows 3.1 operating system.
General Overview On Patenting Of Microorganisms In Brazil
FIFA special procedures for the organization and staging of these events, currently regulated by Law nr. 12.663, dated 05/06/2012, better known as the "World Cup General Law".
During 2013 and 2014, all efforts will be focused upon the staging of the 2013 FIFA Confederations Cup and the 2014 FIFA World Cup in Brazil.
Protection of intellectual property has been assuming a new shape due to social, economic and technological evolution.
In Honduras the intellectual property law is based on international treaties and international agreements in which Honduras is a party.
Mexican typical handcrafts are known all over the world for their originality in design, materials and colors.
A discussion on the creation and maintenance of a stable environment for the protection of intellectual property rights around the world.
Recently, the submission of third party observations has been adopted as an increasingly recurring practice during the prosecution of patent applications.
In recent days Mexico signed the Anti-Counterfeiting Trade Agreement (ACTA) in order to combat the counterfeiting and piracy of trade marks, inventions, intellectual and artistic works. Australia, Canada, Japan, Korea, Morocco, New Zealand, Singapore and the United States have all signed the agreement.
Information was firstly released by Diario Reforma that on November 17th, the Senate approved a "point of agreement" promoted by the Partido de Convergencia, which invited the Commision of Commerce and Industrial Promotion and the Commision of Finance and Public Credit to carry out the necessary studies in order to assess the benefits that the adherence of Mexico to the Madrid Protocol would provide to Mexican enterprises.
In 2008, the Federal Court for Tax and Administrative Affairs (FCTAA) created a Specialized IP Court to decide all the cases related to IP rights, which started work in January 2009.
License agreements are the main legal tool available for business partners located in different countries to appropriately secure their own economic interest and legal rights including the enforcement of the licensed trademarks against infringing third parties.
Division 2 of the National Court of Appeals on Federal Civil and Commercial Matters reversed the lower court's decision that had admitted defendants' plea of lack of jurisdiction in re "Christian Dior Couture S.A. v. Elbien S.A. and others", and decided that the Argentine federal courts had jurisdiction to hear the case.
The Brazilian Patent & Trademark Office has recently opened a new Public Consultation, this time on the draft guidelines for the examination of patent applications in the biotechnology field.
As this is a very recent Resolution, when and how the BPTO will analyze such requests for belated entry into national phase in Brazil remains uncertain.
The current Industrial Property Law, No. 9279/96, has been in force in Brazil for over a decade. Generally speaking, the Law is modern and in line with the principles of international treaties such as TRIPS and the Paris Convention.
In most Latin American countries, trademark ownership is acquired by registering at the Trademark Office.
In corporate transactions it is extremely important to conduct a prior and detailed investigation over juridical aspects related to the target company before the closing of any deal. This investigation is known as due diligence.
The international treaty that addresses the deposit of biological materials for the purposes of patent procedure is the Budapest Treaty, which was created on April 28, 1977 and currently has 73 member countries.
Microsoft filed a court action against Frigorífico Tamoyo Ltda alleging, among other things, that Tamoyo was overusing its Windows 3.1 operating system.
In accordance with the Mexican Patent and Trademark Law in Mexico, in order to maintain patent, industrial design, and utility model registrations in force through their life terms, the payment of maintenance fees is necessary.
Under the prior Law of Development and Protection of the Industrial Property in force up to June 27, 1991, trademarks, slogans, and commercial names had a 5 year lifeterm counted from their Legal Date.
It is widely known that the methods for the treatment of the human or animal body by means of therapy are excluded from patentability in most legislations around the world, and the Mexican law is not the exception.
The exclusion from patentability of treatment methods is not an exclusive topic belonging to a particular legislation, but a generalized topic shared by several legislations around the world.
The Mexican Law of Industrial Property establishes in section IV of article 90, an absolute ground for refusal based on the descriptiveness of the mark.
Patent litigation in Mexico is a relatively new field of practice for Mexican attorneys.
Article 181 of the Mexican Law of Industrial Property (MLIP) establishes that when a trademark application is filed by a legal representative, the legal capacity of the latter must be proved through a power of attorney signed by the applicant.
Touristic service-provider enterprises, such as the most prestigious hotel chains, the restaurants in fashion, and every entertainment center, are in a constant competition for providing the best quality service to their clients in order to gain their preference, as they set their strengths in an image built firstly on the satisfaction of their clients and then on marketing as its foundations.
Earlier this year the Supreme Court issued welcome clarification on how the Linkage Regulation applies to formulation patents and their publication in the Linkage Gazette.
In recent years, Peru as well as its neighbouring countries have modernized its Intellectual Property law by leaps and bounds yet shortcomings remain and effective enforcement of IP law continues to represent a considerable challenge.
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As this is a very recent Resolution, when and how the BPTO will analyze such requests for belated entry into national phase in Brazil remains uncertain.
The Brazilian Patent & Trademark Office has recently opened a new Public Consultation, this time on the draft guidelines for the examination of patent applications in the biotechnology field.
The new law, seeking Brazil's technological autonomy, establishes special measures for technological development.
General Overview On Patenting Of Microorganisms In Brazil
In corporate transactions it is extremely important to conduct a prior and detailed investigation over juridical aspects related to the target company before the closing of any deal. This investigation is known as due diligence.
Division 2 of the National Court of Appeals on Federal Civil and Commercial Matters reversed the lower court's decision that had admitted defendants' plea of lack of jurisdiction in re "Christian Dior Couture S.A. v. Elbien S.A. and others", and decided that the Argentine federal courts had jurisdiction to hear the case.
A discussion on the creation and maintenance of a stable environment for the protection of intellectual property rights around the world.
The international treaty that addresses the deposit of biological materials for the purposes of patent procedure is the Budapest Treaty, which was created on April 28, 1977 and currently has 73 member countries.
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