Latin America & Caribbean

Lagging behind? Trademark issues revealed as substantial risk for esports industry

Major new survey finds IP and licensing are the most significant legal issues facing the esports industry. The findings reveal an opportunity for law firms across the world in the fledgling esports space.

Lagging behind? Trademark issues revealed as substantial risk for esports industry
31 Oct 2019

Still time to nominate the industry’s leading lights for recognition in the WTR 300

Nominate to ensure that the work undertaken by in-house professionals across the globe receives the recognition it deserves – and be in with a chance to win a free place at an upcoming WTR event.

30 Oct 2019

Study on trademark intensity in Latin America leads to call for policymakers to build on encouraging results

A joint study from INTA and ASIPI has compared trademark-intensive industry activity across 10 countries in Latin America and the Caribbean. The findings are promising but highlight the room for growth, with INTA’s CEO calling on policymakers to now accelerate efforts.

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11 Nov 2019

Limited time remains to nominate the industry’s leading lights for recognition in the WTR 300

Nominate now to ensure that the work undertaken by in-house professionals across the globe receives the recognition it deserves – and be in with a chance to win a free place at an upcoming WTR event. Read more

5 Nov 2019

TREBOL case: notoriety as a defence in non-use cancellation actions

Peru’s Administrative Court of Appeals has dismissed an action for the cancellation of the mark TREBOL in Class 1 due to non-use, as the owner had demonstrated that the mark was a variation of the well-known figurative trademark TREBOL in Class 11.   Read more

1 Nov 2019

Good news for trademarks owners: trademark office may now issue declarations of notoriety 

The Costa Rican trademark office’s Administrative Guideline DPI-0003-2019, which details the procedure for obtaining a declaration of notoriety of a mark, was recently published in the Official Gazette. Read more

29 Oct 2019

Venezuela’s National Telecommunications Commission publishes first official domain name regulation

The National Telecommunications Commission has issued the Administrative Regulation for the National Plan for ‘.ve’ Domain Names, the first national regulation on domain names in Venezuela. Read more

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Anti-counterfeiting

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15 Oct 2019

Peruvian Criminal Court issues important precedent on IP rights

In a case involving fake goods bearing the ADIDAS trademark and Disney characters, Peru’s Second IP Criminal Court has sentenced the defendant to an effective imprisonment term of four years. Read more

14 Oct 2019

Eight counterfeit hotspots in Argentina that brand owners should be aware of

In the latest edition of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Argentina. Read more

4 Oct 2019

CN Tower trademark dispute, Madrid System begins in Brazil, and AAFA Amazon criticism: news digest

In our latest edition, we look at how surnames are now registrable in Saudi Arabia, controversy following a trademark being refused registration by the UKIPO, brands being urged to encourage voter registration, and much more. Read more

23 Sep 2019

Five counterfeit hotspots that you should know in Paraguay

In the next instalment of our series on physical marketplaces around the world that reportedly have a counterfeit goods problem, we head to Paraguay. Read more

Brand management

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28 Oct 2019

INDECOPI publishes draft guide for influencers

Due to the development of social media advertising in recent years, the Peruvian National Institute for the Defence of Competition and Intellectual Property has published a draft guide for influencers. Read more

21 Oct 2019

Don’t miss your chance to win a free delegate place at an upcoming WTR event

Take two minutes to nominate the world's best in-house professionals and teams – and be in with a chance to win a free place at an upcoming WTR event. Read more

7 Oct 2019

Time running out to nominate the world's best corporate trademark professionals

Have your say as part of the nomination process for the WTR Industry Awards 2020 and next edition of WTR 300: The World’s Leading Corporate Trademark Professionals. Read more

17 Sep 2019

Five counterfeit hotspots that you should be aware of in Chile

For the next edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head back to Latin America and focus on Chile.  Read more

Enforcement and litigation

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5 Nov 2019

TREBOL case: notoriety as a defence in non-use cancellation actions

Peru’s Administrative Court of Appeals has dismissed an action for the cancellation of the mark TREBOL in Class 1 due to non-use, as the owner had demonstrated that the mark was a variation of the well-known figurative trademark TREBOL in Class 11.   Read more

22 Oct 2019

Fake news trademark stunt, Chile extends all IP matters, and Lichtenstein joins TMview: news digest

In our latest round-up, we look at Kanye West being denied a trademark for the term ‘Sunday Service’, adidas prevailing in Japan, the UK Intellectual Property Office notifying users of planned maintenance after Brexit, and much more. Read more

22 Oct 2019

DURAX case: Uruguayan mark cancelled due to reputation of Argentinean brand and owners’ bad faith

The successor of an Argentinean company that manufactured glassware under the marks DURAX and DURAX TODA LA VIDA has obtained the cancellation of the Uruguayan mark DURAX for identical goods. Read more

21 Oct 2019

Likelihood of confusion: new determining factor is brought into play

Argentina’s Civil and Commercial Federal Chamber of Appeals has developed a jurisprudence that changes the way in which the courts address the issue of likelihood of confusion. Read more

Goverment/policy

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22 Oct 2019

Are major brands stealing expressions of folklore in Mexico?

News outlets have focused on the use of expressions of folklore by fashion brands. In this guest post, a local expert argues that, with companies currently operating on the right side of the law, protecting these expressions against misuse belongs to the state. Read more

10 Oct 2019

Brexit, trade wars and political turmoil: what dominated the 2019 Nation Brand report

Brand Finance has released its annual Nation Brand report, which sees notable movement from developing countries – highlighting the economic shift powered by innovation in the Middle East, Africa, Asia and Latin America. Read more

25 Sep 2019

Peruvian government challenges Chilean mark CUSQUEÑO SOUR as being misleading

The Peruvian government has declared that it would take the necessary legal steps to challenge the trademark registration for CUSQUEÑO SOUR, which covers alcoholic beverages in Class 33 and is registered by a Chilean company. Read more

17 Sep 2019

Peruvian authorities crack down on counterfeiters: huge raid conducted in Lima shopping centre

The Peruvian authorities have recently carried out one of the biggest-ever strikes against counterfeiters, raiding 120 informal establishments in the Polvos Azules shopping centre, a hotspot for fakes in Peru. Read more

Law firms

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15 Aug 2019

Six ways to evolve your practice to meet client demands: insights from the law firm elite

We explore how changing client demands are shaping the modern law firm practice – and present insight into how to future-proof operations. Read more

8 Aug 2019

“Great news for the IP community” – US government authorises trademark protection in 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. Read more

1 Aug 2019

Mind the gap – why law firms must bridge the gender divide

The legal sector is traditionally a male-dominated industry and although that is changing, more work needs to be done to combat inequality. Read more

30 Jul 2019

Why the legal profession should encourage diversity and inclusion

Embracing diversity and nurturing inclusion is not only the right thing to do, it is good business. Yet the legal profession has been slow to change and capture the opportunity. Read more

IP offices

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16 Oct 2019

Global trademark growth slowing as China continues to dominate – breaking down the WIPO Indicators 2019 report

WIPO has published World Intellectual Property Indicators 2019, charting the growth of global IP filing for 2018. WTR presents key takeaways from the trademark data. Read more

16 Sep 2019

An inside view on Brazil's accession to the Madrid Protocol

Brazil’s accession to the Madrid Protocol is a landmark development for the international trademark system. Tove Graulund of Graulund Consulting provides her take on this move and the lessons that can be learned from it. Read more

23 Aug 2019

Connecting continents: exclusive interview with EUIPO head of IP Key Latin America 

IP Key Latin America seeks to bridge an IP knowledge gap between the European Union and the host of diverse countries in Latin America. WTR spoke to Pedro Duarte, head of IP Key Latin America, for insight into the project’s successes. Read more

20 Aug 2019

North Korea establishes IP institute, Amazon intangibles tax win, and Brazil fee request: news digest

In our latest round-up, we look at retail companies leading a ‘brand health’ survey, the Belarus IP office correcting a mistake, the New York Times delving into the world of counterfeit books, and much more. Read more

Online

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21 Aug 2019

From Jumia to Ozon: the regional e-commerce sites that rights holders need to be policing

Outside of North America and China, new ecommerce marketplaces are springing up at an increasing rate. As these regional platforms grow, infringers have swarmed to them in response to the global platforms’ growing anti-counterfeiting efforts. Read more

24 Jul 2019

WTR heads to Brazil – IPBC Latin America 2019 unveiled with new focus on managing the IP lifecycle

IPBC Latin America will be held in São Paulo on 4 December 2019 to explore managing the IP lifecycle. This year WTR is teaming up with sister titles IAM and Latin Lawyer on the event, which will include a focus on brands. Read more

25 Jun 2019

Amazon TLD back in limbo as governments rail against e-commerce giant and ICANN

Amazon’s application for the ‘.amazon’ TLD is back on hold after the Colombian government lodged a request for ICANN to reconsider its decision to proceed with the applications.  Read more

18 Jun 2019

ICANN pushes back on government pressure, prepares to publish ‘.amazon’ PICs

ICANN has written to South American government figures, seeking to push back on pressure to rethink its decision to proceed with the ‘.amazon’ applications. Read more

Portfolio management

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4 Oct 2019

adidas’ Telstar football registered as 3D mark

In an arguably controversial decision, the Bolivian Patent and Trademark Office has allowed the registration of a 3D trademark representing the official 2018 World Cup ball for goods in Class 28 in the name of adidas AG. Read more

27 Sep 2019

Intellectual Property Office confirms distinctiveness of Crocs Inc's 3D mark

The Ecuadorian Intellectual Property Office has confirmed that Crocs Inc’s 3D mark for the shape of its famous footwear allows consumers to differentiate Crocs products from those of its competitors. Read more

20 Sep 2019

PREZOIL case: the scope of protection of a mark versus the discretion of the Intellectual Property Office

In a controversial decision, the Ecuadorian Intellectual Property Office has rejected an opposition based on information found on the opponent’s website, instead of relying on the trademark registration certificate issued by the office itself. Read more

8 Aug 2019

“Great news for the IP community” – US government authorises trademark protection in 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. Read more

Trademark law

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18 Oct 2019

Brazil’s accession to the Madrid Protocol – what you need to know

Following the coming into force of the Madrid Protocol in Brazil on 2 October 2019, this update reviews the key aspects that foreign legal entities and individuals seeking to file applications designating Brazil should take into consideration. Read more

7 Oct 2019

Five counterfeit hotspots in Ecuador that you should be aware of

In a continuation of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Ecuador. Read more

1 Oct 2019

New editions of WTR and Pharmaceutical Trademarks: A Global Guide now available

The Autumn 2019 edition of WTR, revealing the top filers at key registries across Asia, and the eighth edition of Pharmaceutical Trademarks: A Global Guide are now published.  Read more

30 Sep 2019

Unfair competition in Mexico: how to play by the rules in advertising’s commercial battles

Competitive advertising strategies should prompt healthy commercial battles and bring out the best in advertising, yet some still use advertising to confuse and mislead customers. Mexico’s unfair competition legislation defends the rights of victims to dubious advertising practices. Read more

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