Anti_Counterfeiting Summit – 2018

Apr 26, 2018

Anti_Counterfeiting Summit – 2018

On April 4, 2018 we have again assisted to the Anti-Counterfeiting Summit held at the Four Seasons Hotel in Buenos Aires City organized by TODOTVMEDIA and Latin America Anti-Piracy & Intellectual Property Consulting (LAAPIP).

We had the opportunity to witness different panels in which topics of great current interest in the field of intellectual property were exposed and debated.

The authors, the television and film industry and the producers of the sector are alarmed by the growing implementation of IPTV (Internet Protocol Television) devices, through which copyright is curtailed.

By acquiring the device and without monthly payments, the user will access a platform to watch movies, series, live cable channels. The companies that develop these devices do not own the copyright but they ilegally take the signals.

While to combat this problem an effective method is the blocking of IP addresses, to achieve this it is required a judicial authorization which usually takes months. All attendees agreed that it is necessary to collaborate with online sales platforms (such as Mercado Libre, Amazon) and the commitment of government authorities to prevent these devices from entering the country.

In addition, representatives of the firms Fox and Turner, the alliance in charge of the transmission of the Argentine football matches, stressed their concern related to the existence of these devices and pointed out that their acquisition not only goes against intellectual property, but it also attempts against the sources of job.

The authorities of the Mexican Institute of Industrial Property (IMPI) briefed on the case of Sportflix Mexico. This platform was intended to be the “Netflix of Sports”, without holding the corresponding authorizations of the trademark and copyright holders, and thanks to an anonymous report received by the Institute, its launch was prevented and its facilities were closed.

Finally, the importance of the Budapest Convention on Cybercrime was highlighted, which basically aims to establish the bases for international cooperation and the exchange of information regarding these crimes. This treaty has 55 State members and fortunately Argentina has started the accession process at the end of last year.

 

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Amendments to the Trademarks, Patents and Designs Laws

Jan 16, 2018

Amendments to the Trademarks, Patents and Designs Laws

We wish to inform you that, within the administration of President Mauricio Macri and with the aim to modernize and facilitate the registration processes, as from January 12, 2018 certain amendments to the Trademarks, Patents and Designs Laws have come into force.

 Said amendments have to be endorsed by the Legislative Power and then the Trademark Office will have to allot the necessary means to make them operative; in this sense, the Trademark Office will have to adapt their structures and develop the necessary training for their personnel. This process will require a considerable amount of time until the definitive application of the amendments is possible.

 Please find below the main modifications to be implemented:

TRADEMARK LAW: 

  1. If an opposition, after its notification is not solved between the involved parties within a maximum period of 3 months, the Trademark Office will rule on the matter. However, the right for both parties to widen the legal grounds and submit evidence will be considered.
  2. The Trademark Office will rule over the nullity or the total or partial cancellation on grounds of lack of use  of a registered trademark, ex-officio or at a party’s request.
  3. Once the trademark registration reaches its fifth (5th ) year, and before the sixth (6th) year is accomplished, the owner or the legal representative of the mark must file an Affidavit of Use (Sworn declaration of Use) stating the use the trademark has made up to that moment.

PATENT LAW:

  1. The maximum period of time for requesting the substantive examination of the patent has been reduced from three (3) years to eighteen (18) months.

DESIGN AND INDUSTRIAL MODELS LAW: 

  1. The renewal request can now be filed within six (6) months before the expiration date, and once this period has ended there will be a grace period of six (6) months to file for the renewal paying an special fee.
  2. It will not be mandatory to file a descriptive memory or drawings; photographs or digital reproductions of the model or design to be registered will be accepted.
  3. For a single application it will be possible to file up to twenty (20) models or industrial designs only when all of them are applied to or incorporated into products that belong to the same class according to Lorcano’s Classification.

These amendments will undoubtedly work in favor of the applicants accelerating and simplifying the registration processes. However, we would like to bring to your attention that in order for the above mentioned amendments to be placed in force, the Decrees will have to be published as well as the Trademark Office’s will have to be modified, which will take a considerable amount of time.

We shall not fail on keeping you duly updated of the developments on this matter as well as the dispositions that will make these amendments (and other minor amendments) to be fully operative.

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Anti-Counterfeiting summit

Jul 14, 2017

Anti-Counterfeiting summit

On June 1, 2017, we have attended the 9th Anti-counterfeiting and Content Summit – Tour 2017, which was held in the Four Seasons Hotel in Buenos Aires.

The main aim of this Summit was to debate on online counterfeiting  was to debate about online counterfeiting that infringes on Intellectual Property Rights – especially against Copyright and Related Rights – and to find methods to fight against it effectively.

Several panelists, executives of the audiovisual industry as well as experts in counterfeiting and representatives of regulatory bodies agreed that raising awareness, the renewal of laws and the union of all players in the industry are key elements to tackle the problem.

 There is no doubt that the unstoppable advance of the Internet and the growing development of new technologies facilitate a scenario for the propagation of many illicit in the intellectual property field.

The different exhibitors have understood that many times this problem is generated by the low costs and the speed in the access to the pirate contents by the users of all the ages and from anywhere in the world. From there becomes the need to create legal platforms to access movies, songs, books, television programs, etc., with lower costs and greater benefits for consumers.

It should be noted that Mr. Carlos Del Campo (Deputy Director of the Presidency of La Liga de Futbol Profesional) shared with the audience the good results achieved in Europe through a campaign to combat illegal content reproduction. La Liga has implemented a software that allows real-time search of Web sites that are illegally reproducing copyrighted material, and they have also achieved strong legislative reform.

There is no doubt that all parties involved – authors, entrepreneurs and users – must unite to combat counerfeiting, and should call on governments to create and implement more flexible measures that do not turn intellectual property rights into mere illusions.

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Future increase of the argentinian I.N.P.I. taxes.

Jul 11, 2017

Future increase of the argentinian I.N.P.I. taxes.

Our Trademark Office has announced a future increase of the taxes estimated in a 40% due to the serious inflation affecting our country.

Even though the increase has not been applied yet, we expect it to happen in the course of the coming weeks. In this sense and according to our understanding, the I.N.P.I has planned to apply this increase in two phases, the first phase will be of 20% and the second phase, planned for October, with the remaining 20%.

Despite the fact that this information is still unofficial, we advise our colleagues and clients to take this announcement seriously.

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Proof of use in trademarks that protect medicated products. Prior authorization of the ANMAT.

Apr 26, 2017

Proof of use in trademarks that protect medicated products. Prior authorization of the ANMAT.

When we are faced with a possible tradeamark’s cancellation action on grounds of no use, we are urged to contact the Customer in order to request proof of use and thus be able to avoid the extinction of the property right acquired through the registration granted by the National Institute of Industrial Property.

In general, gathering this type of evidence is not difficult, since if the product – or service – is in the market, the Customer will hold invoices, brochures, packaging, labels, advertising material. However, the scene complicates when the product – or service – is not available to the public. In relation to pharmaceutical products, it is often the case that the laboratories obtain the registration of the trademark and the time for the sign to be applied to a specific product begins, otherwise a third party with a legitimate interest may request its cancellation (art. 26 of the Trademark Law).

In this regard, it is important to mention that Courtroom II has considered that the authorization issued by the National Administration of Medicines, Food and Medical Technology (ANMAT) constitutes “a beginning of use that enjoys sufficient virtuality in order to maintain the validity of the trademark right until its definite approval “(CCCF, Courtroom II,” Bagó Group SA c / Laboratorios Montserrat and Eclair SA “, Case No. 5,823 / 2012, ruling of August 12, 2016).

In this case, our judges have understood that although this procedure would not be “use” in the strict sense, it would not be logical to think that a laboratory that has proceeded with the approval procedures presenting formulas, catalogs, leaflets, packaging, has no real intention to use the mark in the market.

However, it is worth mentioning, that although the current precedent has confered the prior administrative approval the character of “sufficient proof of use”, it is highly recommended to begin using the registered trademark as soon as possible, in order to avoid any possible cancellation action from third parties.

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