ip articles

Latin America
24 Jun 2013

Patent Cooperation Treaty in Latin America1

Last Update: April 2012 In Latin American countries, though rare exceptions, there has been a generalized resistance to become party to the Patent Cooperation Treaty. One of the reasons for this position may have been that the PCT was considered as a danger for national sovereignty, as a consequence of the fact that for many […]

Argentina
24 Jun 2013

Overview of the Argentinean Intellectual Property System

1. International Treaties governing IP law Argentina is a member of the following IP Treaties, which prevail over local laws according to the Argentinean National Constitution: Paris Convention for the Protection of Industrial Property (1883); Berne Convention for the Protection of Literary and Artistic Work (1886); Rome Convention for the Protection of Performers, Producers of […]

Latin America
24 Jun 2013

Moeller’s regional advice regarding cybersquatting with ccTLDs domain names: Consolidate disputes at WIPO whenever possible.

In March 2008, WIPO informed that during 2007 “a record 2,156 complaints alleging cybersquatting -or the abusive registration of trademarks on the Internet- were filed with the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center (Center), representing an 18% increase over 2006 and a 48% increase over 2005 in the number of generic and […]

Mexico
24 Jun 2013

Linkage Regulation

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Argentina
24 Jun 2013

Legal “twist” of article 5

Due to the fact that Argentina is one of the few Latin American countries that are not party to the PCT and that it is nonetheless considered an interesting market, during the last 15 years it has been usual to receive the clients request to enter in national phases of international patent applications in Argentina. […]

Latin America
24 Jun 2013

Latin American Intellectual Property Report 2009-20101

Introduction We are very happy to continue our practice of publishing a brief overview of the most relevant IP news that has arisen in Latin America during the last year up to September 2010 as well as the most expected trends that are likely to unfold in the near future. 1. The impact of the […]

Latin America
24 Jun 2013

Latin American Intellectual Property Report 2007/20081

Introduction The aim of this brief is to offer legal and business advisors an overview of the most relevant trends that have taken place in the field of IP in Latin America between 2007 and the first semester of 2008 as well as to comment on the most expected news that are likely to rise […]

Argentina
24 Jun 2013

Judicial decision in Argentina tackles the interplay between enforcing patent rights and antitrust law within the dispute between Monsanto and the Argentine government on the “GM soy-seed RR”.

The conjunction between intellectual property rights and antitrust law has recently become a very important issue worldwide and Latin America is no an exception. Therefore, the relevance of this case, which is the first judicial decision on the topic in Argentina, cannot be overrated. On September 30, 2008 the Federal Court of Appeals for Civil […]

Latin America
24 Jun 2013

IP Protection at the borders in Latin America: formal and informal systems in place.

Although there are many relevant IP-related issues in Latin America, counterfeiting is one of increasing concern not only for IP holders but also for local, foreign and international authorities. Just to mention few facts supporting this general statement, it should be noted that local authorities in Latin America have realized many of the problems derived […]

Colombia
24 Jun 2013

Improvements in Patent Prosecution

Improvements in Patent Prosecution Resolution Nr. 5409, 2012 As from September 18, 2012, applicants may voluntarily submit patentability reports issued by other IP offices accompanying their request for patentability examination at the Colombian Patent Office. The results of patentability examinations performed by other IP offices will only be admitted under the following circumstances: a. The […]

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