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.
On the 23rd of August this year, the Government of Venezuela and the SAPI local IP Authority have notified a substantial increase on administrative expenses related to IP matters, such as forms, folders, mandatory searches (when applicable), mandatory publications, annuity forms, etc. All these charges must be paid right away in local currency at the date of any presentation before registering to the SAPI (IP Authority in Venezuela). These new costs come into force at once. Changes are always immediately due in Venezuela.
These are only the administrative expenses, we expect a new note from Venezuelan authorities regarding the Official fees in the next days. We keep you updated on this.
The new expenses mentioned above are the following:
|Trademarks:||Amount in USD:|
|Denominative or graphic official search||237|
|Mixed official search||474|
|TM Filing (nominative or graphic)||570|
|TM Filing (mixed)||810|
|Assignment (granted TM)||165|
|Assignment (non-granted TM)||10|
|Change of name or Address (granted TM)||165|
|Change of name or Address (non-granted TM)||10|
|License of use (granted TM)||165|
|License of use (non-granted TM)||10|
|Merger (granted TM)||165|
|Merger (non-granted TM)||10|
|Reply to office actions||5|
|Patents, Utility Models and Industrial designs:||Amount in USD:|
|Publications (up to 3 mandatory)||505|
|Change of name or Address (granted)||165|
|Change of name or Address (non-granted)||10|
|Payment of annuities (each)||160|
|Reply to office actions||5|
In January 2015, the Venezuelan Health Institute Rafael Rangel (INHRR) launched an online platform for many of its services, including the application for health certificates, and the reception of the evaluation and certificate by applicants.
The online platform currently is only receiving applications for the registry of pharmaceutical and biological products, although it is expected to soon accept applications for all other products such as food, cosmetics or medical devices, among others.
“With this new online system, the INHRR procedures and paperwork will be reduced, the quality of our services will be improved and our response time will decrease, which will facilitate that products are quickly marketed”, said María Teresa Ibarz, Manager for Registry and Hygiene Control.
Source: http://www.inhrr.gob.veRead More
Circular RC-C-005-2012 of the National Institute of Hygiene “Rafael Rangel”
On March 5, the National Institute of Hygiene “Rafael Rangel” of Venezuela issued a Circular to the Chambers of Pharmaceutical Industries, Laboratories, Pharmaceutical Representation Houses and Pharmacists acting as Sponsors stating that from March 12th, the legal change applications for pharmaceutical products related to changes for Warehouse, Pharmacist Assistant, Pharmacist as Sponsor, Registration Owner, Legal Entity Name and Local Representative should be submitted through the new Forms that were published on the website of the Institute http://www.inhrr.gob.ve on December 21, 2011. These Forms are: F-PERC-038 / F-PERC-039 / F-PERC-040 / F-PERC-041 / F-PERC-042 and F-PERC-043-