Brazil
Resolution INPI/PR No. 172/2016 regarding well-known trademarks.
On October 18th, 2016, the INPI published Resolution INPI/PR No. 172/2016,
whose objective is to improve Resolution INPI/PR No. 107/2013 which deals
with the application of Article 125 of Law 9,279/1996. The first of the
amendments concerns with the wording of items I and II of article 3 of the
Resolution INPI / PR No. 107/2013; the second amendment contemplated in
Resolution INPI / PR No. 172/2016 refers to Article 9 of the previous
Resolution, which deals with the new requirements for the recognition of
well-known trademarks already identified under the terms of Resolution INPI /
PR No. 107/2013; finally the amendment of article 10 of the previous
Resolution, establishing that the competence for the investigation of appeals is
from the General Coordination of Appeals and Administrative Proceedings of
Nullity (CGREC).
read more
The first of the
amendments concerns with the wording of items I and II of article 3 of the
Resolution INPI / PR No. 107/2013; the second amendment contemplated in
Resolution INPI / PR No. 172/2016 refers to Article 9 of the previous
Resolution, which deals with the new requirements for the recognition of
well-known trademarks already identified under the terms of Resolution INPI /
PR No. 107/2013; finally the amendment of article 10 of the previous
Resolution, establishing that the competence for the investigation of appeals is
from the General Coordination of Appeals and Administrative Proceedings of
Nullity (CGREC).
Sincerely,
Cayman Islands
New Trademarks Bill
A new trademark law has been published in the Cayman Islands which is
expected to come into force in early 2017. read more
The new law will include a local
trademark registry; applications will be examined on absolute and relative
grounds for refusal of registration and contains also provisions for a opposition
as well as revocation proceedings for non-use. There will also be provision for
the registration of collective and certification marks. Furthermore, clients will
still be required to pay annual maintenance fees in order to maintain a
registration's validity.
Chile
The National Institute of Intellectual Property (INAPI) updates its Cooperation Agreement with the State Intellectual Property Office of China (SIPO).
On October 19th, 2016, both offices updated the existing cooperation
agreement since February 2012. read more
The agreement signed between the SIPO and
INAPI allows the exchange of information related to modernizations,
management and development of both offices. It also increases the training of
INAPI's officials in different aspects of intellectual property, the sharing of
knowledge and strengthens the cooperation on patent examination.
Mexico - Austria
Signed a collaboration agreement for the benefit of the intellectual property system.
On October 25th, 2016, the Mexican Institute of Intellectual Property (IMPI)
and the Austrian Patent Office (APO) signed three different collaboration
agreements that will strengthen relationships between both offices. read more
The three agreements are: Memorandum of Understanding on IP Cooperation, (ii)
implementation of an Accelerated Patent Prosecution Highway (PPH) and, (iii)
formalizing the recognition by the IMPI to the APO as International Search
Authority (ISA) and International Preliminary Examining Authority (IPEA).
Uruguay
Online Presentation System (SPL).
On October 6th, 2016, MIEM-NCPA, launched the first phase of Online
Presentation System (SPL). read more
This new system involves a new step into the
process of implementation of information technology management procedures
and administrative tasks of the NCPA, which result in a more modern and
appropriate management to the public policies promoted by the present
administration e-government. The most significant changes of the first phase
are: (i) it won't be necessary for Intellectual Property Agents to come to the
office in order to certify shipments of written requests (SIWeb) and payments
(SPO), which will be made exclusively through user SIWeb, (ii) confirmation
processing requests sent via SIWeb, or rejection of the response including
justification thereof and, (iii) titles request issued in digital format and sent to
the email box.
Venezuela
Ratification of Upcoming Proceedings
The Trademark Office recently published an official notice requesting all
opponents to ratify their legal/administrative interest in opposition proceedings
filed by November 8th, 2016. read more
If no brief ratifying legal/administrative interest
is filed, the Trademark Office will estimate that the opposing parties have lost
interest and will consider the oppositions abandoned. On the other hand, if
opponents ratify legal their interest, the Trademark Office will render and
publish its resolution deciding the opposition fields.