Latin America & Caribbean

Brazil is an important market for global brand owners, and the data is telling of this

The country has the largest trademark register in South America, and in 2019 it took a major step to improving its IP infrastructure through its accession to the Madrid Protocol

Brazil is an important market for global brand owners, and the data is telling of this
Delta Airlines’ delta variant dilemma; Amazon launches IP Accelerator in Singapore; EUIPO e-sports webinar– news digest
27 Aug 2021

Delta Airlines’ delta variant dilemma; Amazon launches IP Accelerator in Singapore; EUIPO e-sports webinar– news digest

In our latest round-up, we look at Walmart announcing a new initiative to help brand advertising, a Ferrero Rocher counterfeiter being found guilty of infringement despite handling authentic goods, and much more.

LEGO Group named <em>WTR</em>’s Latin America Team of the Year
25 Aug 2021

LEGO Group named WTR’s Latin America Team of the Year

Speaking to WTR, Arturo Ishbak Gonzalez Martínez, senior corporate counsel, Latin Americas, reflects on how the team met a challenging 12 months head on.

Latest

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17 Sep 2021

Parallel imports in Venezuela: international trademark owners beware

Although Venezuela has not been seen as a priority by many international companies when it comes to trademark protection, this could change as a result of measures implemented by the Venezuelan government to stimulate imports. Read more

16 Sep 2021

WIPO investigations suggest IP activities can boost revenue for companies and aid economic recovery

Well-considered IP laws and enforcement can be a major force for economic recovery – particularly in the wake of the covid-19 pandemic. Previous WIPO investigations that reveal what companies can do to boost their revenue and contribute to economic growth. Read more

9 Sep 2021

Why the Mexican government is redistributing counterfeit goods

The Mexican president has announced that seized counterfeits will be redistributed to low-income populations, raising fears that this policy violates not only IP rights, but also federal laws and international treaties. Read more

9 Sep 2021

Huge raid carried out against clandestine workshop of counterfeit H&S shampoo

The biggest action of the year so far in relation to an IP and public health crime has recently taken place against a clandestine factory in which fake Head & Shoulder goods were produced. Read more

Anti-Counterfeiting

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2 Sep 2021

Caught red handed: raid on Epson ink and HP toner counterfeiters results in big win for IP rights holders

A police raid has led to a significant seizure of goods and three arrests. The subsequent court hearing resulted in two sentences and a plea bargain that delivered high compensation for the IP rights holders. Read more

10 Aug 2021

Amazon and GoPro file counterfeit lawsuit; Aldi trolls Marks & Spencer; Manchester United to be renamed – news digest

In our latest round-up, we look at INTA unveiling a student moot court competition in the Andean Community, Canon USA updating its anti-counterfeiting consumer education, and much more. Read more

10 Aug 2021

Seizures carried out in Paraguay’s provinces during the covid-19 pandemic

The lack of consistent criteria concerning the territorial jurisdiction of Paraguay’s specialised IP agencies has led to difficulties when trying to protect IP rights in the country. However, the relevant agencies have been making efforts to overcome this issue. Read more

5 Aug 2021

Online marketplaces in Brazil that should be on counterfeit enforcement radars

In the first of a new regular series on WTR, we speak with leading law firms to identify the digital marketplaces that brand owners should monitor as part of their global anti-counterfeiting efforts. We begin today in Brazil. Read more

Brand management

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28 Jul 2021

Cannabis brand parodies, a new bad-faith standard and more: Legal Updates from the Americas you may have missed

WTR’s Legal Updates are written by a select panel of over 160 leading experts who analyse the latest trademark-related developments and decisions in more than 60 jurisdictions. Read more

24 Jun 2021

How to work with Customs – six key tips for brand owners

IP practitioners in Europe, Central America and the United States discuss how brand owners can work with Customs to clamp down on counterfeiting in their region. Read more

9 Jun 2021

Communication, CSR and canny digital presence help Corona retain title of ‘most valuable beer brand’

The newly published Brand Finance Alcoholic Drinks 2021 report reveals that the total value of the world’s top 50 most valuable beer brands has declined by 16%, from $94.9 billion to $80.2 billion, over the past year. Read more

4 Jun 2021

Tesla overtakes Apple in trademark furore; Madrid Protocol passed in Jamaica; GOOD YEAR well known in India – news digest

In our latest round-up, we look at the explosive increase in trademark applications in Chile, the appointment of a new president at the Licensing Executives Society International, and much more. Read more

Enforcement and Litigation

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26 Jul 2021

Significant raid carried out against importer of fake mobile phone accessories

More than 15,000 fake mobile phone accessories - bearing brands such as Apple, Huawei, Samsung and Xiaomi - have been seized following a huge raid in a commercial establishment and warehouse located in Downtown Lima. Read more

19 Jul 2021

New mandatory precedent regarding assessment of genuine interest in Andean opposition

According to a recent resolution of the Administrative Court of Appeals, the assessment of the genuine interest - based on a trademark application or a registered trademark - in an Andean opposition must be evaluated at the time of filing of the opposition. Read more

14 Jul 2021

Foreign companies as IP holders in Ecuador

Third-party appropriation of internationally famous trademarks is a problematic phenomenon in Ecuador. Some clarification by the Court of Justice of the Andean Community would arguably be welcome. Read more

7 Jul 2021

Publication of two new mandatory precedents regarding cancellation actions

Two new mandatory precedents concerning cancellation actions were recently published in Peru’s official gazette. One of the issues considered was whether the same evidence may prove the use of two or more trademarks in different cancellation actions. Read more

Government/Policy

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9 Aug 2021

CCFN keeps an eye on Mexico GI regime after a year of USMCA

Focus remains on Mexico adhering to the terms of the United States-Mexico-Canada Agreement as Consortium for Common Food Names senior director Shawna Morris considers the treaty’s effects on geographical indications over the past 12 months. Read more

25 Jun 2021

Geographical indications in Venezuela: latest developments

Although Venezuela has withdrawn from the Andean Community, which is having a negative impact on filing GIs, recent developments in the procedure for protecting GIs suggest that the practice may be on its way up. Read more

25 May 2021

“Joy and tranquility” – former INAPI director reacts to Chile moving closer to Madrid Protocol in exclusive interview

In an exclusive interview with WTR, INAPI’s former director Maximiliano Santa Cruz shares his perspective on Chile taking a step closer to the Madrid Protocol and calls for the registry to incorporate copyright and plant varieties. Read more

21 May 2021

Chilean Senate approves Madrid Protocol; UKIPO publishes new corporate plan; Anaqua acquires Actio IP – news digest

In our latest round-up, we look at Alt Legal partnering with Clarivate, a brand incubator landing $70 million in funding, the USPTO announcing new covid-19 pilots, and much more. Read more

Law Firms

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2 Jun 2021

Emerging threats and trends in online brand protection; share your insights

WTR is asking readers to share their experience of the online brand protection environment in the past 12 months, in an effort to identify how practice is evolving in response to emerging threats. Read more

23 Apr 2021

Chile to allow non-traditional trademarks; Spanish government pledges IP commitment; GRILLOUMI dispute – news digest

In our latest round-up, we look at Chinese officials obtaining registered trademarks for the entire South China Sea, Dubai Customs recycling 134,000 counterfeit items, and much more. Read more

16 Apr 2021

Colin Caterpillar trademark spat; infamous wine counterfeiter deported; Dole brand expansion – news digest

In our latest round-up, we look at Brainbase expanding its customer base, a new report that finds consumers trust tightly spaced logos, the Brazilian trademark office opening a public consultation, and much more. Read more

30 Mar 2021

France victorious in ‘france.com’ dispute; USPTO issues credential warning; EUIPO gets Green Apple award – news digest

In our latest round-up, we look at the UKIPO welcoming its position on the US Chamber 2021 Global IP Index, a CBD trademark spat resolving, the Chilean IP Office updating its trademark renewal system, and much more. Read more

IP Offices

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7 Jul 2021

IP offices should be “protagonists and agents of change” urges INAPI director after launch of new multinational IP and gender network

Chilean National Institute of Industrial Property Director Loreto Bresky calls for IP offices to increase collaboration and follow in the footsteps of the new Latin American Network of Intellectual Property and Gender. Read more

23 Jun 2021

Register tracker: Latin America

We drill into the latest trademark trends and statistics for Argentina, Brazil, Colombia, Venezuela and Mexico Read more

17 Jun 2021

Exclusive roundtable – how three leading IP offices are stepping up their diversity, sustainability and accessibility agendas

The Long Read: The EUIPO, the Intellectual Property Office of the Philippines and the Chilean National Institute share insights into what they are already doing to address diversity and inclusion within the workplace, while reducing their carbon footprints, along with how they plan to improve further. Read more

14 Jun 2021

Peruvian Trademark Office: progress and plans for the future

Important achievements include the reduction of the timeframe for resolving cases and the successful implementation of digital tools, and current projects involve search tools using artificial intelligence. Read more

Online

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26 Jul 2021

Image recognition and KYC initiative top priorities for Mercado Libre, head of brand protection reveals

Earlier this month, Mercado Libre revealed that reports of IP infringement fell across its platforms in the second half of 2020. We spoke to head of brand protection Juan Cichero to find out what more the company is doing to differentiate its services and combat evolving counterfeit activity. Read more

24 Jun 2021

Federal Court of Appeals departs from usual practice in SENSORMATIC case

Until now, if a trademark owner sought a temporary assignment of a domain name containing its mark until a final decision was issued, the court usually ruled in its favour. However, in a recent case, a chamber of the Federal Court of Appeals has changed this practice. Read more

13 May 2021

adidas successful in phishing case involving branded face masks

adidas has obtained the removal of a website used to carry out a phishing attack involving the ADIDAS trademark. Users were misled into believing that they would receive a free branded mask once that they had completed a survey. Read more

3 May 2021

Innovation at the Ecuador Institute of IP: spotlight on non-core tools and services

In exclusive insights, the general director of the Ecuadorian Institute of Intellectual Property (SENADI) reveals the innovative non-core tools and services the registry offers for trademark users – and some of those planned for the future. Read more

Portfolio Management

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22 Jun 2021

Superior Court of Justice: no exclusive rights over prefix derived from active ingredient of medicine

In this dispute between pharmaceutical companies Takeda and Cimed, the Brazilian Superior Court of Justice held that prefixes referring to the active ingredients of medicines cannot be appropriated as trademarks. Read more

28 May 2021

Important modifications to the Industrial Property Law: what you need to know

The recently-approved amendments to the Chilean Industrial Property Law represent an important legislative milestone, with some of the changes - such as the introduction of non-use cancellation actions - having been on the table for years. Read more

30 Apr 2021

From Apple to Nike: key recent decisions and developments from the Americas analysed

For our next instalment presenting recent Legal Updates that you may have missed we turn our attention to the Americas. Read more

26 Apr 2021

Supreme Court of Justice: “real and effective use” of trademark necessary to preserve registration in Mexico

The lack of definition in Mexican legislation as to what constitutes trademark use has caused headaches to trademark owners for many years. However, a recent resolution issued by the Supreme Court of Justice provides some welcome answers. Read more

Trademark law

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11 May 2021

Procedures and strategies for anti-counterfeiting: Mexico

In Mexican law, IP rights violations can be considered either administrative infringements (ie, trademark or copyright) or criminal counterfeiting cases, depending on the facts of the actual matter, each with its own procedural regulations and effects. Read more

11 May 2021

Procedures and strategies for anti-counterfeiting: Brazil

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

4 Jan 2021

Fame in South America: how to establish and wield well-known status

Renown is a powerful tool for trademark practitioners, but when seeking to establish and utilise it in Central and South America, local nuance is all important. Read more

17 Dec 2020

“Not sure it is the right time”: practitioners question Chile’s move to approve the Madrid Protocol

Local experts have expressed concern that the country’s existing legal structures may not be ready to handle international registrations after joining the Madrid Protocol. Read more