Latin America & Caribbean

Cuba issues first consumer protection rules, IHOB “a flop”, and cost of a country rebrand: news round-up

In our latest round-up, we look at Alibaba and Kantar teaming up to redefine brand building in China, Ukraine's institution of IP inspectors, the musician ordered to pay $2 million for trademark infringement, and more.

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Procedures and strategies for anti-counterfeiting: Brazil

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities.

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Procedures and strategies for anti-counterfeiting: Panama

Customs authorities are empowered to inspect and seize merchandise that is subject to customs procedures and which may violate Panama’s IP laws, regardless of its final destination. This means that even in-transit goods can be inspected and seized.

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Procedures and strategies for anti-counterfeiting: Mexico

Officers at Mexico’s 49 customs offices inspect the contents of containers with Mexico as their final destination in order to detect counterfeit merchandise. Because the authorities cannot commence proceedings against counterfeit goods, rights holders must file corresponding...

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Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

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Know your rights: grounds for ownership and opposition under a Mexican trademark licence

Mexican law follows international standards with regard to trademark licensing, and licensors can benefit from a licensee’s use of their mark even where the agreement has not been recorded.

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Blow for Crocs: 3D mark representing famous clogs declared invalid

The Dominican Republic's Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe, as the mark was considered to be functional.

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Joint ownership and exclusive rights: Supreme Court issues decision in ANTUMANAL case

The Chilean Supreme Court has upheld the dismissal of complaints against the jointly-owned trademark ANTUMANAL, ruling out bad faith on the part of the defendant.

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Can title of creative work benefit from trademark protection?

In Roemmers v Diamond Films, Argentina's Court of Appeals has upheld the refusal to grant a preliminary injunction against the use of “Una razón para vivir” as a film title.

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Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

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Crocs Inc successfully enforces 3D marks in biggest ever anti-counterfeiting operation

Following a request for an injunction by Crocs Inc, the Ecuadorian IP Office has seized more than 37,000 items during operations carried out simultaneously in three different cities.

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Argentina’s emergency trademark law amendments and reassuring filing figures; exclusive data analysis

World Trademark Review examines the IP profile of Argentina, exploring the potential impact of the new emergency decree on trademark law, while providing a thorough breakdown on filings at the Argentine register.

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Procedures and strategies for pharmaceutical brands: Chile

Two frameworks are applicable to pharmaceutical marks in Chile. The Industrial Property Law and its regulation set out the rules for the registration and use of trademarks; the Sanitary Code and Decree 3/2010 regulate the pharmaceutical product marketing authorisation...

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Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot.

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“A situation of uncertainty” – fees debacle at Venezuelan IP office leaves brand owners “in limbo”

​​​​​​​The Venezuelan Patent and Trademark Office has suspended payment of official fees by foreign applicants for the foreseeable future. The situation has been described by one local attorney on the ground as “lacking legal...

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Jamaica approves protection of GIs, Montenegro joins TMView and United Kingdom ratifies Hague Agreement: news round-up

In today's round-up, we look predictions for the next round of gTLDs, the UK’s IP Crime Unit urging the public to “treat mum right” by avoiding fakes, and much more.

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Assessing Argentina's emergency trademark law upgrade

A government-issued emergency decree is set to shake up trademark practice in Argentina. Key to its success will be how the Argentine Patent and Trademark Office manages the transition, so we analyse what practitioners should be mindful of going forward.

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Exclusive

Pushing the boundaries – identifying the world’s most innovative IP offices

In a new multi-part series, World Trademark Review identifies the IP offices leading the way in offering innovative non-core tools and services – and the registries trailing behind.

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Brazil on the rebound – service sector thrives, trademark backlog falls: exclusive data analysis

In our latest country data report, we identify the best performing brands in Brazil and review recent filing data to assess the health of the trademark landscape.

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Havana Club hostility, new UK IP minister, and General Mills 'logo trolls’ Kellogg’s: news round-up

In our latest news round-up we look at the announcement of a new IP minister in the UK, INTA welcomes its new president, the latest development in the long-running Havana Club dispute, and much more.

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Major disruptions in the insurance sector and how brand strategies must evolve: exclusive data analysis

We look at trademark trends in the insurance sector, which is undergoing an incipient transformation that could present significant risks and opportunities for brands.

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Amendments to Industrial Property Law: what trademark owners and applicants need to know

The Mexican Senate has approved a bill that will substantially amend the provisions of the Industrial Property Law relating to trademarks. This update provides a summary of the main changes.

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Suspension of official fees payable by foreign entities: brand owners should stay alert

Although the payment of official fees to the Venezuelan IP office has been suspended temporarily, foreign brand owners should be prepared and ensure that their representatives are nevertheless sent the relevant fees.

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Franchising and contract enforcement in Peru

In our series focusing on franchising across Asia and South America, we take a closer at the Peruvian legislation that governs contract enforcement and termination.

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Enforcing franchise agreements in Argentina: an overview

As part of our Asia and South America series, we provide an overview of the rules that govern the enforcement and termination of franchise agreements in Argentina.

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Enforcing and terminating franchise agreements in Mexico

As part of our deep dive into franchising rules in Asia and South America, we outline the rules that govern enforcement and termination of franchise agreements in Mexico.

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Franchising in Chile: a guide to enforcement and termination

This series outlines the legislative framework for franchising in nine jurisdictions across Asia and South America. In this instalment, we focus on the enforcement and termination of agreements in Chile.

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Procedures and strategies for pharmaceutical brands: Brazil

Brazil is a first-to-file jurisdiction, and therefore IP rights are acquired only when an application is filed and registered with the Brazilian Patent and Trademark Office. However, pharmaceutical trademarks fall under two separate and independent statutory regimes...

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Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America.

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Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world.

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Brexit update, plain packaging begins in Ireland, and first trademark ruling in Barbados: news round-up

In this round-up edition, we look at the latest Brexit developments from a trademark perspective, Hershey’s hawkish eye over the marijuana industry, and the result from the first ever trademark dispute in Barbados.

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Scientology trademarks, Brazil’s backlog impact and Leason Ellis victorious against solicitation scammer: news round-up

In our latest news round-up, we look at the impact of backlog measures in Brazil, the pros and cons of China’s rocketing trademark trajectory, and a new victory against trademark scammers.

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Four years on – how Mexico stepped up to Madrid

It is now four years since Mexico officially ascended to the Madrid Protocol. We examine how local practitioners have been adapting to this new trademark ecosystem and see what common issues are arising.

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Issue 73
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