ip news

mailbox patentBrazil
19 Jun 2018

Superior Court of Justice makes first decision on a mailbox patent

By Marta Garcia On April 20, 2018, Brazilian “mailbox” patent PI9507594-1 by Alexion Pharmaceutical Inc. protecting the drug Soliris® (eculizumab) received an unfavorable ruling by the Brazilian Superior Court of Justice regarding its term of protection. The Court decided that “mailbox” patents are not entitled to the minimum term of protection provided by Article 40 […]

Amendments to the Trademarks LegislationMexico
12 Jun 2018

Amendments to the Trademarks Legislation

By Mariano Tabanera We live in a dynamic reality, and in no area is that more evident than in commercial law, which constantly adapts to the new practices and requirements of an ever-changing world market. With the backdrop of the globalized marketplace in mind, the Mexican Government has recently approved a series of amendments to […]

license agreement argentinaArgentina
11 Jun 2018

Exploring license agreement registration

By Mariano Tabanera The registration of license agreements before Industrial Property Offices has different effects around the world. In many countries, this registration is required in order to grant the agreement of effectiveness against third parties. In order to prove the use of a trademark in a cancellation action by a local distributor, the agreement […]

WIPO countries go GREENLatin America
06 Jun 2018

WIPO countries go GREEN

by Adrian Gonzalez WIPO GREEN was launched on November 28, 2013 to provide an online marketplace connecting a wide variety of groups seeking shared innovation and environmentally friendly technologies to address climate change. WIPO GREEN is governed by the Advisory Board and the Secretariat under the rules laid out in the WIPO GREEN Charter. The […]

Patenting Artificial Intelligenceip news
05 Jun 2018

Patenting Artificial Intelligence

By Moeller IP Advisors The European Patent Office (EPO) held on 30 May 2018 a conference on Patenting Artificial Intelligence (AI). Koen Lievens, Director Operations at the EPO, presented as keynote speaker the topic “How does the EPO deal with the challenges of AI in patents”. The key concepts are the following: Computer-Implemented Inventions would […]

TM registration challengePeru
04 Jun 2018

Can registration of a trademark be challenged?

By María Sol Porro Last March the Constitutional Court of Peru, faced with a conflict related to the rejection of the registration of a trademark, established that the registration has no direct constitutional support based on the right to intellectual creation or the right to the protection of intellectual creation. The above-mentioned dispute was originated […]

Senate ratifies new amendment of the copyright lawMexico
29 May 2018

Senate ratifies new amendment of the Copyright Law

By María Sol Porro The Mexican Senate approved on Thursday, April 26, 2018, an amendment to the Federal Law of Copyright that would possibly affect the right to freedom of expression on the Internet. There was no prior discussion in commissions and without respecting the legislative process by 63 votes in favor, 11 against and […]

Stalking will be a crimeArgentina
28 May 2018

Stalking will be a crime

By María Sol Porro The Supreme Court of Argentina ruled that spying on Facebook, email and the cell phone contacts is a federal crime. The decision came out of a dispute between two courts (in the case of a woman who denounced her former partner for entering in her social media account, checking her e-mails […]

New guidelines clarify divisional filingsChile
21 May 2018

New guidelines clarify divisional filings

By Marta Garcia On November 2017, the Chilean PTO (INAPI) published an update of the patent examination guidelines providing clarifications regarding divisional applications. The Regulations to the Chilean IP Law establish that an applicant may voluntarily divide his/her application into two or more divisional applications until the issuance of the first office action regarding substantive […]

Draft IP Law reduces terms for patent proceedingsBrazil
16 May 2018

Draft IP Law reduces terms for patent proceedings

By Marta Garcia Last year, Brazilian Senator Cássio Cunha Lima wrote a draft law amending the IP Law in order to reduce the terms for patent proceedings. According to the draft law, patent terms would be amended as follows: a) The term a patent application is kept confidential before publication would be reduced from 18 […]

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