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BRAZIL, CHINA | Patents | Brazil and China signs a Patent Prosecution Highway (PPH)
On 13 November 2017, the Patent Offices of Brazil (INPI in Portuguese) and China (SIPO) signed a Cooperation Agreement in Industrial Property, which includes the implementation of a Patent Prosecution Highway (PPH).
The PPH is to be placed in force by February 2018, and will accept a cap of 200 applications. INPI will only receive applications in technology, packages, measurements and chemistry areas.
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COLOMBIA | Competence Law, Antitrust | Colombian Antitrust Authority objects Terpel’s purchase of ExxonMobil Colombia’s fuel business
On 23 November 2017 –and by means of Resolution 76.451/2017-, the Colombian Antitrust Authority (SIC in Spanish) conditioned the business integration operation between Terpel and ExxonMobil Colombia, considering that its authorization would lead to free competence restrictions in the fuel market. In accordance, Terpel must sell ExxonMobil Colombia’s fuel business to a competitor and can not exercise control over it.
On the other hand, the SIC also conditioned the purchase of ExxonMobil Colombia’s lubricant business. to the divestment or sale of Terpel’s lubricant production plant in Colombia. SIC also imposed to Terpel the obligation to raise exclusivity agreements in distribution and exhibition of lubricants, prohibiting the signing of such agreements during the next 10 years.
Failure to comply with these measures could lead to fines of more than $ 75 billion pesos (USD $ 25 million) and the order to revert the business between the parties.
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PERU | Regulatory | Peru now allows Medicinal Cannabis use
On 17 November 2017, entered into force Law 30.681/2017 -which regulates the medical use of Cannabis and its derivatives-.
As we informed in a previous OM Weekly Digest edition, the law regulates the crop, use, research and production of Cannabis, its derivatives and products containing it for medicinal and scientific purposes.
In addition, the law creates a Patient Registry, as well as a Public Entities and Research Entities/Laboratories authorized for its production. The law also establishes 3 types of licenses: for scientific research, production, import and/or commercialization.
In the next 2 months the regulation of the law must be published.
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URUGUAY | Trademarks, Geographical Indications | Mercosur-EU FTA: Uruguay will hear objections on EU’s Geographical Indications
On 20 November 2017 -and in the framework of the negotiations of the Free Trade Agreement between Mercosur (of which Uruguay is a party) and the European Union-, Uruguay started a Public Consultation aiming to receive comments on the List of Geographical Indications supplied by the European Union.
The Trademark Office of Uruguay will receive objections and comments on possible conflicts between trademarks registered in that country and those included in the list of geographical indications – which also includes appellations of origin-
Comments may be submitted until 20 December 2017.
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COLOMBIA | Trademarks | Colombia: criteria to determine the granting date of a trademark will be clarified
On 3 November 2017, the Colombian Trademark Office (SIC in Spanish) announced a Draft Resolution proposing that the granting date of trademarks registered before it, will be the one in which the administrative act of concession remains final.
The aforementioned will modify the way of counting the validity time period of registered trademarks. The Resolution will not be applied retroactively.
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BRAZIL | Trademarks, Patents | Brazil and Rusia signs a MoU in Intellectual Property
On 23 November 2017, the Patent Offices of Brazil (INPI in Portuguese) and Russia (ROSPATENT for its acronym in English) signed a Memorandum of Understanding for cooperation in Intellectual Property. This agreement was concluded with the aim of implementing and applying best practices, such as the exchange of information through technological platforms and conducting training.
In the future, this agreement could lead to a PPH subscription.
