Five things you need to know – Latin America and Caribbean

Brazil

Ahead of joining the Madrid Protocol on 2 October 2019, the Brazilian government sent a declaration to WIPO asking that it receive an individual fee whenever Brazil is designated in an international registration. This declaration was made under Article 8(7)(a) of the Madrid Protocol. The fees will be paid in two parts according to Rule 34(3)(a) of the Common Regulations. For each class of goods or services applied for internationally with a Brazil designation, the amount will be Sfr105 for the first class and Sfr188 for subsequent classes.

Chile

Chile’s National Institute of Industrial Property has made its design data available to the EUIPO’s DesignView search tool. The addition of Chile means that DesignView now contains designs data from 69 participating offices. The move is part of the European Parliament and EUIPO’s IP Key Latin America programme.

Mercosur

The European Union and the Mercosur bloc have agreed a comprehensive trade agreement that includes significant IP provisions. The Mercosur bloc was formed in the 1990s and comprises Argentina, Brazil, Paraguay and Uruguay. The text of the agreement finds significant changes across the full spectrum of intellectual property, including trademarks, designs and geographical indications (GIs). With regard to GIs, the agreement includes their protection from both sides – 355 EU GIs related to food, wines and spirit products will be protected in Mercosur, while the European Union will protect 220 GIs from Mercosur.

Venezuela

Two Venezuelan law firms, IP boutique Antequera Parilli & Rodríguez and general practice firm Leĝa, have announced an alliance to “obtain expedited judicial decisions for trademark and patent owners with matters pending before the Venezuelan Registry of Industrial Property”. According to the press release, the initative could help rights holders that have pending trademark matters at the registry, some of which may have been unresolved for years or, in many cases, decades.

Venezuela

A general licence has been issued by the US government that explicitly authorises the protection of all intellectual property in Venezuela. The move follows significant challenges for US companies seeking to protect their brands in the country, as the US government previously prohibited the use of any digital currency issued by the government of Venezuela. One local expert, Ricardo Alberto Antequera, partner at Antequera Parilli & Rodriguez, told World Trademark Review that the move means that there is now “no shadow of a doubt” that US brands can protect their intellectual property in Venezuela.

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