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Venezuela PTO Faces Difficult Future
By Moeller IP Advisors
Dear Clients and Associates,
The Venezuelan Association of Industrial Property Agents (COVAPI) has issued a statement related to the suspension of services of the Autonomous Services of Intellectual Property (SAPI), who since August 28, 2018 has decided to temporarily and unilaterally suspend the provision of their usual services.
Below the text of the statement:
TO OUR ASSOCIATES, COLLEAGUES AND OTHER USERS OF THE INTELLECTUAL PROPERTY AUTONOMOUS SERVICE (SAPI)
The Venezuelan Industrial Property Agents’ Association (COVAPI) hereby informs its members, colleagues and general public that the Intellectual Property Autonomous Service (SAPI), as of August 28, 2018, has suspended to render services, motivated by certain “internal affairs”, pursuant to various official notifications issued by the entity.
This suspension of services prevents the submittal of any trademark, patent and/or copyright application, notwithstanding the fact that there are three (3) IP Bulletins currently in force which generate several recourses that must be actioned by the owners of these intangibles and who are unable to do so, thereby negating their right of defense and request for protection of their intellectual rights.
COVAPI has already sent a communication to the competent authorities expressing its concern upon the climate of uncertainty and lack of judicial safeguard generated by this situation and has requested SAPI to adopt the necessary measures to reactivate its services in order to guarantee its users due protection and enforcement of their rights and interests.
We remain, Very truly yours,
The Board of Directors
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Decrease in PTO Official Fees
On March 9, 2016, the change of the official exchange rate from Bs. 6,30 x 1 US$ to Bs. 10 x 1 US$ was published in the Official Gazette.
Subsequently, the Venezuelan PTO published on its website the new official fees according to the new exchange rate, which are in force since March 9, 2016.
Therefore, for the requests filed from March 9, 2016, the official fees will be calculated taking into account the new exchange rate. For those filed before March 9, 2016, and whose bank transfers were made before that date, the official fees will be calculated taking into account the previous exchange rate of Bs. 6,30 x 1 US$.
As we informed you previously, on February 11, 2016, the Venezuelan government increased the tributary unit (tax unit in Venezuela) from Venezuelan Bs. 150 to 177 (a 18 percent increase), and that change also increased the official fees at the Venezuelan PTO. However, with the recently approved exchange rate, the official fees at the Venezuelan PTO have effectively decreased as follows:
Patent application (including payment of first annuity): US$1,770
Trademark grant and issuance of certification of registration: US$1,150.50
Trademark renewal: US$1,770.00
Change of name/address: US$354
Merger/Assignment: US$1,770.00
Registration of license agreement: US $2,655.00
Patent annuity payment:
2nd annuity: US $3,540
3rd annuity: US $5,310
4th annuity: US $7,080
5th annuity: US $8,850 (…)
20th annuity: US$35,400
Should you require any further information, please contact us.
Source: http://sapi.gob.ve
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Tributary Unit adjustment increases official PTO fees
According to the Official Gazette No. 40486 published on February 11, 2016, the Venezuelan Government has increased the tributary unit (tax unit in Venezuela) from Venezuelan Bs. 150 to 177 (a 18 percent increase) without prior notice.
This change has affected the official fees at the Venezuelan PTO, which from February 12, 2016 have also increased 18 percent.
Should you require any further information, please contact us.
Source: http://www.mp.gob.ve
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Current patent system
On April 22, 2006, Venezuela withdrew from the Andean Community of Nations, a customs union comprising the South American countries of Bolivia, Colombia, Ecuador and Peru. However, Andean decisions were still in force until September 2008, when the Venezuelan PTO (SAPI) officially ordered the reinstatement of the Venezuelan Industrial Property Law issued in 1955. From that date, the rules established by the Andean Community (decisions and resolutions) were no longer applicable and SAPI ceased to apply Decision 486 for the registration of patents.
The enforcement of the 1955 law implies the elimination of legal protection for different products, particularly in the chemical and pharmaceutical sectors. Specifically, according to Article 15 of the Act of 1955 ”beverages or food, whether for humans or for animals; medicines of all kinds; medicinal or pharmaceutical preparations and chemical preparations, reactions and combinations” are not patentable.
Actually, SAPI has not granted any patent of invention in recent years (since 2000, according to the World Intellectual property Organization, and since 2003 according the Ibero-American Network on Science and Technology Indicators).
However, even in view of this unfavorable scenario, inventors and companies are still applying for patents in Venezuela in order not to lose their priority rights with a view to future changes in the law. Said changes are necessary to adapt the Venezuelan legal framework to the TRIPS Agreement, of which Venezuela is part, that permits pharmaceutical and chemical patents. Moreover, in 2012 the entrance of Venezuela to Mercosur (sub-regional bloc comprising Argentina, Bolivia, Brazil, Paraguay, Uruguay and Venezuela) was ratified, and Venezuela committed to adapt laws to the Mercosur framework by July 31, 2016.
Until recently, most patent applications remained pending in Venezuela, with SAPI not issuing its final decision to grant or reject after all the procedural steps had been taken. Recently however, SAPI started to reject patent applications.
A reconsideration appeal may be lodged against the refusal of a patent application within 15 working days of the decision’s publication in the official bulletin. A further appeal against the dismissal of a reconsideration appeal may be lodged within 15 working days before the Minister of Commerce. Finally, an appeal against an unfavorable decision issued by the Minister may be lodged before the Supreme Tribunal of Justice.
It should be pointed out that, although it can take SAPI several years to resolve an appeal against the refusal of a patent application, the filing of the appeal is a useful administrative procedure in order to keep a patent application alive in Venezuela with the expectation that the current situation will change in the near future.
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Extreme increase to official PTO fees
On May 5, 2015, the Venezuelan PTO published an increase to official fees regarding patents and trademarks in Venezuela that range between 940 and 2000 percent. However, the practical implementation was not clear until after the PTO declared three non-working days (from May 13-15, 2015) to clarify the procedures.
Finally, on May 22, 2015, the Venezuelan PTO published two Official Notices establishing that these new fees would be effective as of May 28, 2015 and that foreign applicants/owners will have to pay such fees in US dollars directly to the PTO account.
The following are the new official fees set by the Venezuelan PTO, calculated according to the Official Venezuelan conversion rate from the local currency (bolívar, Bs.) to US dollar of Bs. 6.30 x US $1 as informed through the aforementioned Official Notices:
Patent application (including payment of first annuity): US $2,380.95
Trademark grant and issuance of certification of registration: US $1,547.62
Trademark renewal: US $2,380.95
Change of name/address: US $476.19
Merger/Assignment: US $2,380.95
Registration of license agreement: US $3,571.43
Patent annuity payment:
2nd annuity: US $4,761.90
3rd annuity: US $7,142.86
4th annuity: US $9,523.81
5th annuity: US $11,904.76 (…)
20th annuity: US $47,619.05
The local association of industrial property agents (COVAPI) has filed an appeal with the Supreme Court in order to obtain a cancellation of the decree establishing said disproportionate fees.
Check back here to see updates about any developments.
Should you require any further information, please contact us.
Source: http://www.sapi.gob.ve
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Changes in Venezuelan trademark fees
In accordance with the provisions established in Article 6, Decree 1.398, published in the official gazette in November 2014, fees for trademark registrations and related procedures have been modified beginning May 5, 2015.
For specific information regarding the current fee chart, please click here
Source: http://www.sapi.gob.ve
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“Sucre” trademark application steps up state branding
Local PTO (SAPI) authorities and the state governor officially launched the application of the collective trademark of the state of Sucre recently.
“The collective trademarks are an important project of the local PTO and are considered a source of reinforcement of economy by the president of Venezuela…” said Rosmary Guerra, the Director General of SAPI. The trademark “Sucre” will help to promote and protect the products of the region, benefiting and developing the local economy. By using this trademark, it would be possible to certify the quality of the products made in the state of Sucre (such as cocoa , sugar, coffee), and to identify their origin.
Furthermore, the local PTO is committed to elaborate and sign a cooperation agreement with the institution SAPI-CORDESU, concerning a free access to SAPI’s patent database of patents that are in public domain. This will help to enhance and renew the technology used by the companies of the region of Sucre.
Source: http://www.sapi.gob.ve
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Change of applicants of trademarks and patents being processed is now accepted by local PTO
On April 9, 2014, the Venezuelan PTO published on IP Bulletin number 546 important modifications regarding the change of applicant and reckless oppositions.
Changes of applicants of trademarks and patents being processed, either due to assignment, merger, change of name or address, are now permitted by the local PTO. Additionally, users that requested a “change of applicant” for applications still being processed, filed before the publication of this Bulletin, will have to file the corresponding documents described in said official notice in order to be admitted to procedure. The application for “change of applicant” must be filed before the publication of granting of the corresponding trademark or patent.
Regarding oppositions, IP Bulletin number 546 establishes that those lacking legal bases according to the provisions of the 1956 IP Law currently in force will be declared unacceptable and will be published as such in the IP Bulletin.
Source: http://www.sapi.gob.ve
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New possible requirements for patent and trademark applications
Bulletin number 546, published on April 9th 2014 introduced new requirements needed for patent and trademark applications. The local PTO established that users will have to file all the required documents translated into Spanish and those translations should be prepared by an official certified interpreter, duly accredited by the Ministry of Internal Relations of Venezuela.
General public and IP agents filed several complains regarding this new regulation, basing on possible violations of local and international Laws, such as the Paris Convention and “LOPA” (Administrative Proceeding law of Venezuela).
Consequently, specialists in this topic from different areas of expertise (local PTO officials, IP agents, attorneys) are discussing the applicability of this new regulation.
In the meantime, translations are not being required by the local PTO.
Source: http://www.sapi.gob.ve
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Increase in official fees
The local PTO (SAPI) has increased the fees for Trademark applications as from September 11th 2013.
In order to comply with the revenue stamp law; SAPI raised the official fees an 18.9% for trademark applications, commercial logos and commercial names. Venezuelan authorities have published this on the official Gazette N° 40.106.
Although, due to the 46.5% devaluation of the local currency in relation to the US Dollar recently announced by the Venezuelan government, the official fees, for example in dollars and euros reflect a decrease of approximately 20%.
Source: www.sapi.gob.ve
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