By Moeller IP Team.
Dear Clients, Colleagues and Friends,
Moeller IP Advisors is happy to inform you that, for the first time, the Brazilian PTO has published, in its Official Bulletin, designations of International Registrations filed via the Madrid Protocol. This gives you the chance to not only file trademarks in the Brazilian national trademark office, but additionally enable the designation of your International Registrations through the WIPO’s Madrid System.
Sounds great, what’s the issue?
While the designation of a trademark application in Brazil has been made significantly easier, the Brazilian PTO has announced that any oppositions made against your trademark will not be published in the WIPO’s Gazette, but exclusively in the national trademark bulletin. This means that any trademark applications made through the Madrid System, and subject to oppositions by third parties, or an official rejection, will not be notified to the trademark holder via the WIPO Gazette but will have to be identified separately.
What’s our solution?
Moeller IP’s Brazil office will offer free monitoring of your trademark designations through the Madrid Protocol in Brazil and inform you of any activity. Any opposition or rejection against your (or your client’s) brand can additionally be handled by our experts on site.
Please feel free to contact us should you require more information.
Moeller IP AdvisorsRead More
Itellectual Property Conference of China
The “X Annual Intellectual Property Conference of China” held in Hangzhou, eastern Zhejiang Province, brought important developments in intellectual property for the Asian global power. The director of the ¨National Copyright Administration of China¨, Shen Changyu, said last September 2nd, that the country is working to implement a strict system of intellectual property protection. The purpose is to continue with the development of a satisfactory innovation and business environment in the territory.
New system of compensation
Among the planned measures, in the case of trademarks, the aforementioned director explained that China will apply a very strict new punitive system of compensation. The objective is to fight trademark violations and it will intensify efforts to deal with malicious trademark registrations.
On the other hand, in the case of patents, a patent law review is planned. It is also thought the development of a compensation system for the protection of drug patents. Moreover, the country will also extend the period of protection of designs, and improve the quality and efficiency in intellectual property review.
Consequences of the changes
Within the global context where China is waging a commercial battle against the United States, these changes to be implemented will have consequences not only in the Asian country. They will also have a worldwide impact. This is because China currently occupies the first world place in the number of Patents and trademarks applications filed.
Source: spanish.xinhuanet.comRead More
The Brazilian Supplementary Law 167/2019, which established INOVA SIMPLES, a simplified special regime of companies, which grants differentiated tax treatment, was published in the Official Gazette of April 24, 2019 with the purpose of stimulating the development of startup companies.
The law also determines that Brazilian PTO must create a mechanism that will link from the reception of the data to the summary processing of trademark and patents applications of companies of Inova Simples.
There will be a portal named Redesim, where a field or icon will be created for automatic communication with Brazilian PTO, of the inventive content of the scope of the entrepreneurial initiative, for the purpose of registering the trademark or patent, regardless of the normal registration path, through own INPI portal.
In December 2018, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators 2018 report, which shows IP statistics worldwide. Patent filings around the world reached 3.17 million, representing a 5.8% growth on 2016 figures, trademark filings totalled 12.39 million, up 26.8% on 2016, and industrial design filing activity exceeded 1.24 million. China recorded the highest application volume for each of these IP rights.
Regarding patent filings in the Latin American and the Caribbean region, WIPO´s study report a slight decrease (-0.1%) on the average annual growth from 2007 to 2017, with 57,600 patents filed in 2017.
On the other hand, trademark filings in the region showed a 3.3% increase on the average annual growth over the same period, reaching 715,900 applications in 2017. This average percentage annual growth was similar to that for North America (3.9%) and higher to the one in Europe (0.2%).
Industrial design filings during the 2007-2017 period in the Latin American and the Caribbean region also shows a slight average annual increase (0.6%), with 15,500 filings in 2017.
Below are IP data for the period 2007-2018 according to the statistics published by the corresponding PTOs of the top five largest Latin American economies: Brazil, Mexico, Argentina, Colombia and Chile.
From 2007 to 2018, patent filings in Brazil have increased 15% overall. However, the number of applications has fallen for five consecutive years, with the decline in non-resident applications being the main driver for the decrease. From 2017 to 2018, there was a slight reduction from 28,667 to 27,551 (-3.9%) in patent filings, although there was a large increase (77.5%) in patent grants, rising from 6,250 in 2017 to 11,090 in 2018. Additionally, in 2018 the patent backlog was reduced by 7.4% with respect to 2017.
In 2018, applications from the U.S accounted for 30% of the total patent filings, followed by Brazil (20%), Germany (8%) and Japan (7%).
Mexico has experienced a slight overall decrease (1%) in patent filings from 2007 to 2018, with 16,424 applications filed in 2018. Regarding patent grants, 8,921 applications were granted in 2018, 5% more than in 2017.
Applicants from the U.S. accounted for 44% of the total applications in 2018, followed by Mexico, Germany and Japan (7% each).
Patent filings in Argentina have also experienced a decrease over the last years, with 3,443 applications filed in 2017. Interestingly, during the 2016-2017 period, there was a 56% decrease in resident applications, whereas non-resident applications slightly increased (4%). Regarding patent grants, these have almost doubled in the period 2008-2017, with 2,302 patents granted in 2017. No data are yet available for 2018.
Except for a marked decrease during 2009 and 2010, patent filings in Chile have been rather steady, with a slight 7% increase from 2017 (2,892) to 2018 (3,100).
30% of the applications in 2018 were from U.S. applicants, 13% from Chile, 9% from Switzerland and 8% from Germany.
Colombia also recorded a 7% increase in patent applications from 2017 (2,049) to 2018 (2,372), and a remarkable 16% growth for the period 2007-2017. In 2017, 32% of the filings were from U.S. applicants and 25% from Colombian applicants, followed by Switzerland, Germany and France in number of applications. No data are yet available for 2018.
Regarding trademark applications, both Brazil and Mexico have seen an overwhelming growth during 2007-2018: applications in Brazil have increased 96% since 2007, reaching 204,419 applications in 2018, whereas in Mexico this increase went up to 103%, with 156,156 applications filed last year.
Resident filing activity has driven this growth in Brazil, with an average of 82% in resident filings during the period 2007-2018. The second country in number of trademark applications in Brazil is the U.S., whose share in 2018 was 4%. Resident filings in Mexico represented an average of 68% during the period 2007-2018. The second country in number of trademark applications in Mexico is also the U.S., with 17,449 applications (11%) filed in 2018, followed by Germany (3%).
There has been a significant increase in trademark registrations in Brazil during the last year, from 123,362 in 2017 to 191,813 in 2018 (55.5%). More importantly, the backlog was reduced from 358,776 by the end of 2017 to 191,535 by the end of 2018, which represents a decrease of 46.6%.
Trademark registrations have increased 150% in Mexico during the period 2007-2018, rising from 49,746 registrations in 2017 to 124,023 in 2018.
With an overall 4% increase in trademark applications in Argentina from 2007 to 2017 and 74,722 filings in 2017, resident applications represented an average percentage of 76% during the period 2007-2017.
Except for a drop in 2009, trademark filings in Chile have been rather stable, with an overall increase of 18% during the period 2007-20018 and 47,407 filings last year. Resident applications in Chile represented an average of 69% during the period 2007-2018.
Colombia has experienced a significant overall increase (73%) in the number of trademark applications during 2007-2017, with 42,725 filings in 2017. Resident applications in Colombia showed an average of 57% during the period 2007-2017. There has also been a substantial increase (71%) in trademark registrations in Colombia during 2007-2017.
Sources: http://www.wipo.intRead More
By Marta García
On November 14, 2018, the Industrial Property Bulletin No. 588 (special issue), published by the Venezuelan PTO (SAPI) on November 12, 2018, entered into force.
This Bulletin contains 21 Administrative Resolutions requesting all interested parties to ratify their interest in the continuation of trademark and patent proceedings in which Administrative Appeals have been filed, in accordance with the provisions of Articles 30 and 53 of the Administrative Procedure Law.
Currently, the Venezuelan PTO has a high backlog of more than 15 years for the publication of decisions regarding Administrative Appeals. Therefore, around 20,000 pending cases have been notified for ratification in this Bulletin in order to try to reduce the amount of cases awaiting a decision.
The PTO has provided a term of two months counted from the date of entry into force of the Industrial Property Bulletin No. 588 for the ratification of Administrative Appeals, i.e. until January 14, 2019.
In case a confirmation for a case is not filed at the PTO within the established term, it will be assumed that there is no interest in maintaining the corresponding appeal proceeding and the case will lapse due to lack of action, according to Article 64 of the Administrative Procedure Law.