Region: Latin America & Caribbean

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.

28 July 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.

26 July 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.

26 July 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.

19 July 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.

14 July 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.

07 July 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.

07 July 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Although Venezuela has withdrawn from the Andean Community, which is having a negative impact on filing GIs, recent developments in the procedure for protecting GIs suggest that the practice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.

25 June 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.

24 June 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.

24 June 2021

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