OM Weekly Digest (01-07-2016)

1 July, 2016

 

EUROPE | Patents | European Patent Office introduces streamlined opposition procedure

 

From 1 July 2016, the EPO will introduce some changes to the first instance opposition procedure, consisting in limiting the time for the parties to respond and present arguments during the procedure.

The main modifications are the following: (i) the term for an extension to respond an opposition will be reduced from 6 to 4 months; (ii) the opponent may only file observations to the applicant´s reply when the EPO requests it; and (iii) the EPO shall respond to substantive requirements within a term of 4 months, while it will have 2 months to reply to other requirements.

The expectation with these changes, is to reduce the duration of opposition proceedings durations from 24 to 15 months.

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COLOMBIA | Regulatory | Colombian Agricultural Institute forbids use of arsenic in veterinary pharmaceuticals

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By means of Resolution 7168 (16 June 2016), the Colombian Agricultural Institute banned the use of arsenic (33As) and arsenic compounds in animal foods and veterinary pharmaceuticals.

The decision is motivated by international publications and studies issued by the US Food and Drug Administration (FDA), indicating that arsenic compounds can be transformed into inorganic arsenic compounds, which are carcinogenic according to the International Agency for Research on Cancer (IARC), which belongs to the World Health Organization (WHO).

However, homeopathic veterinary pharmaceuticals that ensure arsenic dilutions equal or greater than D12 are exempted from ban.

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MEXICO | Intellectual Property | Faster Contentious Administrative Procedure

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Due to a Reform on the Mexican Contentious Administrative Federal Proceedings Law, from 14 June 2016,  the deadlines and terms in contentious administrative judicial proceedings were significantly reduced.

There will be time reductions between 25 and 50 % in the number of working days (WD) used depending of the specific procedure: (i) 45 to 30 WD to file and respond an appeal; (ii) 20 to 10 WD to reform and answer the original complaint; (iii) 15 to 10 WD to file closing arguments; and (iv) 45 to 30 WD to deliver a ruling after closing arguments.  The term to resolve preliminary injunctions now is 24 hours.

These modifications will apply to legal procedures against administrative acts issued by IP Offices –like the Mexican Institute of Industrial Property- before the Federal Court of Fiscal and Administrative Justice.

 

COLOMBIA | Piracy and Anti-counterfeiting | Brigades for legality: Colombian Government adopted a program against smuggling and piracy

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The Colombian Government adopted a program consisting on massive interventions at different Colombian locations where smuggling and piracy are concentrated. The program is coordinated by the the Ministry of Trade, Industry and Tourism, the National Tax and Customs Department (DIAN in Spanish), the Customs and Tax Police and the Superintendence of Industry and Commerce. As from 22 June 2016, there have been raids in Bogota and Medellin in which goods exceeding US$ 2 million have been seized (mostly textiles).

COLOMBIA | Regulatory | News related to INVIMA

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During the last week of June 2016, the Colombian Regulatory Authority reported the following news:

a) A georeferencing tool was issued, which allows statistics consultation of establishments monitored by the Colombian Regulatory Authority (INVIMA) according to their risk (i. low, ii. moderate, iii. high and iv. extreme) and industry to which they belong (i. food and drinks, ii. meats, iii. medical devices, iv. cosmetics, pesticides and cleaning supplies, v. blood banks and vi. pharmaceuticals).

b) An invitation was published for laboratories that are interested in contracting with INVIMA and providing its services in analysis of (i) migration of packaging chemicals entering in contact with foods; and (ii) bovine milk samples and tissues of bovine, porcine and poultry species. For more information, please look at the next links (one and two).

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