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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The last March 19, 2010 came into force the AGREEMENT by means of which the preceding agreement that establishes the guidelines for filing applications before the Mexican Institute of Industrial Property (MIIP), issued by the General Director of the MIIP and published in the Official Journal of the Federation on March 18, 2010, was modified.
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.
On November 10, 2011 Division 1 of the National Court of Appeals on Federal Civil and Commercial Matters confirmed the decision of the lower court in the case "Ediciones Proa y Alífaro, Roberto Francisco v. Fundación International Jorge Luis Borges y Kodama, María".
Advocacia Pietro Ariboni Ariboni, Fabbri, Schmidt & Advogados Associados
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.
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