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CHILE, COLOMBIA, MEXICO, PERU | Patents | PPH agreements in Latin American countries come into force
As from 1 July 2016 came into force some agreements regarding Patent Prosecution Highway (PPH) in different Latin American countries.
The Patent Prosecution Highway pilot program between the Pacific Alliance countries Patent Offices (Chile –INAPI-, Colombia –SIC-, México –IMPI- and Peru –INDECOPI-) entered into force for a period of 3 years. After that, the full execution and implementation of the program will be analyzed. The participating Offices provided the following guidelines:
- Guidelines from INAPI to SIC, IMPI and INDECOPI
- Guidelines from SIC to INAPI, IMPI and INDECOPI
- Guidelines from IMPI to INAPI, SIC and INDECOPI
- Guidelines from INDECOPI to INAPI, SIC and IMPI
Additionally, in Colombia also came into force the PPH agreement subscribed between the Colombian Patent Office (CPO) and the EPO. The CPO has already signed agreements with the KIPO, JPO, OEPM and USPTO.
The PPH aims to accelerate the examination process for corresponding applications filed in participating intellectual property Offices, allowing applicants to favorable decisions of other participant Offices.
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COLOMBIA | Trademarks | Due to high degree of distinctiveness, “Doria” obtained Well-Know Trademark status
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The Colombian Trademark Office issued the decision related to the trademark “DORIA” –for “pastas”- (belonging to Class 30 of Nice International Classification), since “Doria” –belonging to one of Grupo Nutresa companies- faced a risk of dilution if “VILLADORIA” trademark was registered under Class 33 of Nice Classification (alcoholic beverages –except beers-).
The rejection of the “VILLADORIA” trademark was mainly motivated by the likelihood of confusion and distinctiveness dilution that could be presented with “DORIA” well-known trademark, as there is a large number of consumers in common for both products. The CTO considered there is a Nice Class relation between products such as wine and pasta.
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COLOMBIA | Intellectual Property | Colombia is close to having law for the promotion and protection of Creative Economy
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On 16 June 2016, Colombian Congress approved the final text of Bill No. 104 of 2016, which aims to develop, promote, encourage and protect creative industries, understood as those that –based in intellectual property- generate value in virtue of their goods and services (industries like publishing, tourism, audiovisual, cultural creativity or l+D+I, fashion, among others) and currently representing 3.5% of Colombian Gross Domestic Product.
Once in force, the law will promote the Integral Creative Economy Policy (also named Orange Economy) which seeks the development of creative industries through a public policy based on 7 action fields: (i) information, (ii) institutions, (iii) industry, (iv) infrastructure, (v) integration, (vi) inclusion and (vii) inspiration.
In addition, the Colombian Government will offer tax incentives for those who exercise patronage, sponsorship and auspice of creative industries, and also will facilitate access to finance programs in the industry.
The next links (one and two) show the issuing process history.
COLOMBIA | Copyright Law | The Colombian Copyright Office determines the requirements for physical registration of works, contracts and other acts
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By means of Resolution 131 (17 May 2016, published in the Official Journal No. 49879 from 20 May 2016) and in order to promote digital tools, the Copyright National Office (DNDA in Spanish) updated the requirements for the physical registration of the next acts and works:
- Unpublished literary works.
- Edited literary works.
- Musical works.
- Artistic works, engineering, architectural, maps, sketches, among others.
- Applied art works.
- Software.
- Acts, contracts and judicial decisions related to copyright.
- Pacts and agreements between collective management societies, copyright and related rights societies (national and foreign).
For further information on specific requirements for each type of act or work, here you can see the Resolution.
COLOMBIA | Regulatory | Issuing of licenses to manufacture Cannabis derivatives in Colombia is a fact
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During the last week of June and the first of July 2016, the Colombian Government (through the Ministry of Health –which study the granting of crop and manufacturing licenses of cannabis for medical and scientific purposes-) has granted 3 licenses for the manufacturing of Cannabis for medical and scientific purposes, specifically to PharmaCielo, Ecomedics-Labfarve and CannaVida. According to the Ministry of Health there are other four companies in line to obtain the manufacturing license.
Until now, the granted licenses only allow the manufacture of Cannabis derivative products. It is pending the granting of the first Cannabis crop license in Colombia –both licenses for medical and scientific purposes-.
