Region: Venezuela

Procedures and strategies for pharmaceutical brands: Venezuela

Regarding the regulatory legal framework for pharmaceutical trademarks, the Pharmaceutical Products Review Board of the National Institute of Hygiene has established several standards for packaging, labelling, advertising, promotion and branding. The Pharmaceuticals Law establishes the general rules governing the commercialisation, manufacture, production, distribution, import and export of pharmaceutical products.

06 September 2016

E-commerce: protecting your IP rights in Venezuela

Featured in Online Brand Enforcement 2016

This chapter outlines the actions that rights holders can take to protect their rights on the Internet and prevent the import, storage and online sale of infringing goods. It also summarises methods of securing compensation for damages.

04 February 2016

Edenred's ownership of CESTATICKET mark compromised by new law

A new law called the "Law on Socialist Cestatickets for Workers”, which concerns food benefits for employees, has set an ominous precedent for the trademark system in Venezuela by using a registered trademark as a generic term, thereby forcing all the competitors of the trademark owner to use that mark.

10 November 2015

Venezuela

However, in April 2006 Venezuela left the Andean Community. On September 17 2008 the Venezuelan Patent and Trademark Office (SAPI) decided that the relevant trademark and patent legislation would be the Industrial Property Law 1956.

18 September 2015

Disproportionate increase in official fees comes into force

The Venezuelan Trademark Office has published an official communication relating to the implementation of the official fees set forth in Article 6 of the new Tax Act in connection with industrial property procedures. The act establishes disproportionately high fees and, compared with other countries in the region, it appears that Venezuela has become the most expensive jurisdiction for trademarks matters.

08 September 2015

Uncertainty regarding applicability of international IP-related treaties

In 2008 the Venezuelan Trademark Office issued an opinion stating that the rules of the Andean Community were no longer applicable in the country, referring specifically to the Paris Convention, TRIPS and the Nice Agreement. However, it has recently been discovered that, according to the definition of 'collective marks' provided on the Trademark Office’s official website, collective marks are not governed by national law, but by the Paris Convention.

24 April 2015

Supreme Court considers registrability of descriptive terms

The Supreme Court has dismissed an action filed by CDS TELECOM CA against CANTV in relation to the alleged infringement of CDS’ rights in the mark LISTO (meaning 'ready' English). Among other things, the court found that there was no graphic, visual, phonetic and conceptual similarity between the marks LISTO and CANTV LISTO and that, in any case, LISTO should not have been registered as a trademark in the first place.

17 October 2014

Supreme Court: two types of oppositions were available when country was part of Andean Community

The Supreme Court has considered whether oppositions under the Venezuelan Industrial Property Act were available during the period when Venezuela was a member of the Andean Community (the country withdrew from the community in 2006). The court concluded that there were two different types of oppositions, which were both valid.

24 July 2014

SAPI introduces significant changes to trademark prosecution process

The SAPI has issued notifications that will have important consequences for the trademark prosecution process in Venezuela: pending trademark applications can once again be assigned in certain circumstances, and oppositions must now rely on specific grounds. The notifications were issued in <I>Venezuelan IP Gazette</I> No 546, in force since April 9 2014.

14 May 2014

Stricter regulation of tobacco packaging introduced

Resolution No 004 of the Ministry of the Popular Powers for Health has introduced stricter requirements regarding the health warnings to be featured on cigarette packs. The main change is the obligation to include a warning text covering 30% of the front or back of the package. Together with the other mandatory images and texts, this leaves only 9% of the total package surface available to include information on the brand.

05 February 2014

Unlock unlimited access to all WTR content