OM Weekly Digest (05-08-2016)
August 05 2016

.

ECUADOR, ANDEAN COMMUNITY | Intellectual Property, Patents | Ecuador would violate Andean Law and TRIPS agreement if it passes domestic Intellectual Property bill

 

There is a pending bill before the Ecuadorian Congress covering a new intellectual property law known as Código INGENIOS, which contains some provisions that not only violate the TRIPS Agreement, but also directly contravenes Andean Community Law by ignoring the existence of the Andean Common Industrial Property Regime (Decision 486 of 2000).

The Código INGENIOS bill proposes that intellectual property rights will be conditioned to the role and social responsibility of the Ecuadorian State (Art. 82), aspect that has generated a heated debate in the Andean country because IP rights nationalization could be possible if the government so decides.

The bill’s text is also controversial in patent matters (Art. 254 and others) ; it excludes from patentable subject matter (i) new forms of a substance, for example, in salts, ethers and combinations (among others) and (ii) polymorphs and isomers (and others).

Código INGENIOS approval may also constitute a setback to foreign investment and trade by creating an obstacle to the accession of Ecuador to the Free Trade Agreement currently in negotiations with the European Union (in force in Colombia and Peru).  The bill provisions overly infringe the Intellectual Property Chapter of the mentioned FTA.

.

COLOMBIA, MEXICO | Regulatory | Mexican and Colombian Regulatory Authorities issued guidelines regarding Good Manufacturing Practices (GMPs) for pharmaceuticals

.

The Colombian and Mexican Regulatory Authorities (INVIMA and COFEPRIS respectively) issued a shared process for the recognition of inspection acts related to GMPs for laboratories located in Mexico and/or Colombia.

The agreement is within the framework of the Pacific Alliance –which includes Chile and Peru- and will reduce the time needed to obtain a health registration for chemically synthesized pharmaceuticals.

.

SPAIN | Patents | Spain updates guidelines for examinations in patent applications

.

The update specifically reformed the search guidelines and the prior art report, dividing it into two separate documents: (i) guidelines for patent examination, and (ii) guidelines for the preparation of Written Opinions.

The renovation of the guidelines took place on July 28, 2016, and the main purpose was to provide more transparency for the methods used when conducting searches and reports.

 

URUGUAY | Patents | Uruguay will allow digital presentation of patents and trademarks

.

The Uruguayan National Directorate of Intellectual Property will allow the digital presentation of patents and trademarks, with the objective of creating a completely digital system.

The system is currently at an early stage, and will begin to formalize digital submissions of intellectual property, by assigning a serial number.

.

COLOMBIA | Patents | Budapest Treaty is now in force for Colombia

.

On  26 July 2016, Colombia’s adhesion to the Budapest Treaty on the International Recognition of the Deposit of Microorganism for the Purposes of Patent Procedure –adopted in 1977- became final.

Colombia’s adhesion to the treaty reaffirms Andean Law provisions (established in Decision 486) for the deposit of biological material –and specifically for microorganisms- in patent applications if necessary.

The Budapest Treaty simplifies the requirements for biological material deposit before States party national authorities in which patent protections is desired, allowing microorganism deposit before an authorized depository authority –regardless its geographic location-.

Categories

Archive

Archives