On June 29, 2011, the Colombian Congress issued Law 1455, by
means of which it approved the "Madrid Protocol concerning the
Madrid Agreement regarding the international registration of
trademarks", adopted in Madrid, Spain, on June 27, 1989 and
modified on October 3, 2006 and on November 12, 2007.
This Protocol, along with the "Madrid Agreement", is
part of the "Madrid System", which establishes an
international registration scheme for trademarks. The Madrid System
was established on 1891 and is administered by the World
Intellectual Property Organization (WIPO).
At the moment, Law 1455 is being subject to control by the
Constitutional Court that is in charge of analyzing its
constitutionality. Once said Court issues a ruling, Law 1455 should
be deposited before WIPO for ratification.
Once Law 1455 is ratified, Colombia will officially be part of
the Madrid Protocol and, consequently, it will be one of the more
than eighty countries that have ratified this Protocol. Those
interested to obtain the registration of their trademark in several
countries will be able to do it through the International
The Superintendence of Industry and Trade is currently working
on the implementation of the Madrid Protocol through the
institutional strengthening as well as through the adaptation of
the concerning laws, in order to promote and raise the awareness in
the use of this System.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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As a result of the entry into force of the Agreement on
Trade-Related Aspects of Intellectual Property Rights
(TRIPS) within the framework of the World
Trade Organization (WTO) in 1995, Argentina began to amend its
legislation on enforcement of intellectual property rights (IPR) in
order to adapt them to the standards therein contained.
Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
The subject matter of this short article is related to the fact that during the patent specialists course I was able to acquire a better overview on how infringement by equivalence is applied in other countries, mainly, in Japan.
It is well known that INPI has been facing a huge backlog for many years, brought about by poor infrastructure and an insufficient number of examiners.
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