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BRAZIL | Patents | Brazil-EPO PPH: requirements for its application were disclosed
The resolution will enter into force on 1 December 2017, and limits the PPH scope to patent applications filed in Brazil related to chemistry and technologies applied to medicine (except pharmaceuticals) fields. The PPH will be in a pilot phase for 2 years and 300 applications can benefit from it annually.
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COLOMBIA | Competence Law, Antitrust | Colombian Antitrust Authority will investigate Procter & Gamble and other companies for restrictive trade practices
On 8 November 2017, the Antitrust Authority of Colombia (SIC in Spanish) announced the opening of an investigation against Procter & Gamble, Postobón, Equión Energía and Carbones del Cerrejón for restrictive trade practices, and specifically for alleged obstruction in the free circulation of invoices issued by its suppliers.
According to the SIC, the obstruction to the circulation of invoices limits the financing channels of SMEs, which not only affects the growth of those, but also affects consumers, considering that financing costs are transferred to goods and services prices.
The investigation was also opened to the tax auditing firms Deloitte, PricewaterhouseCoopers, Ernst & Young and KPMG, for alleged non-compliance of its legal duties by keeping silence on the matter in annual reviews.
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PERU | Lawsuits | International Arbitration Centers could leave Peru if new law is approved
On 18 October 2017, the American Chamber of Commerce to Peru (AmCham Peru) warned that 3 international arbitration centers installed in Peru could leave the country if a Bill (No. 1088-2016/CR) modifying arbitration rules of that country is approved.
According to Amcham Peru, the new law would intervene directly and negatively in arbitrators designation, which goes against the rules of the International Center for Dispute Resolution (ICDR), the Court of Arbitration of the International Chamber of Commerce (ICC) and the London Court of International Arbitration, since these entities would have no control over arbitrators designation in its awards.
In addition, the proposed amendments deviate from the Model Law on International Commercial Arbitration of the United Nations Commission for International Trade Law (UNCITRAL), applicable in current Peruvian law.
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COLOMBIA | Consumer Law | Colombian Constitutional Court warns that Consumer Protection Authority can not submit advertising to prior controls
According to a ruling of the Colombian Constitutional Court (issued in Sentence T-543/2017, the Consumer Protection Authority of Colombia (SIC in Spanish) can not adopt any measure implying prior control over the information to be published in advertising of any kind.
The ruling was the result of a tutelage action filed by the Colombian Association of Consumer Education (Educar Consumidores), for prohibiting advertising against sugary drinks consumption.
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ARGENTINA | Geographical Indications, Trademarks | Argentina implements changes in Geographical Indications of Wines
By means of Joint Resolution 247/2017, the Patent Office of Argentina (INPI in Spanish) and the National Institute of Viticulture modified and applied changes in matters of geographical indications on wine.
The resolution allows geographical names to be used on wine labels that are still in the geographical indication recognition process.
