OM Weekly Digest (26-08-2016)

26 August, 2016

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ECUADOR | Patents | Ecuadorian Patent Office does not clarify if fee reductions will also apply for additional examinations with amended claims 

 

Although on 19 August 2016 the Ecuadorian Patents Office (IEPI in Spanish) decreased its fees by 90%, is unclear if fees to be paid for new patentability examinations with claim amendments in answer to previous exams will also be reduced.

A pronouncement from the IEPI is expected regarding that item also about other patent prosecution fees on which there is no certainty.

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COLOMBIA | Copyright | Colombian Copyright Office issues its first judicial judgment

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On August 19 2016, the Colombian Copyright Office (CCO) issued its first judgment in exercise of its judicial powers. The CCO resolved a lawsuit filed by Gabriel Antonio Calle Arango, an artist which considered that the San Diego Mall in Medellin violated his moral right of integrity with the destruction of an artistic wall of its authorship.

The case shows a coalition between material property rights and moral intellectual property rights regarding the work. The CCO considered that the artist’ rights should prevail and granted a compensation in his favor as a victim of extrapatrimonial damages.

CCO’s judicial powers where given by the new Colombian procedure law (1564 of 2012), which gave the same powers to the Colombian Patent and Trademark Office.

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MEXICO | Trademarks | Reminder: trademark oppositions in Mexico will entry into force

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On 30 August 2016 trademark oppositions in Mexico will be in force. For more information, please see our news on the subject.

 

ARGENTINA | Industrial Property | Argentina’s Patent and Trademark Office increases its fees

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On August 10 2016, the Patent and Trademark Office of Argentina (INPI in Spanish) issued Resolution 388, which increases its official fees on fines, prosecution and annuities.

The adopted increase will be provisional, since the INPI has already announced that there will be a further increase on October 2016.

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COLOMBIA | Intellectual Property | Colombian Congress studies bill that benefits technology companies

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On 21 July 2016 was filed before the Colombian Congress a bill (022 of 2016) by which tax exemptions on income up to 30 years would be created for small and medium-sized companies on information and communications technology (ICT).

The bill –also known as the blue economy law- would apply the exemption to companies in the ICT industry for design, development, production, sale, marketing or licensing of new information technologies developed in Colombia, as long as they are covered by a new patent registered before the competent authority.

The technologies to benefit at least must have a minimum content of scientific and/or technologic research developed in Colombia, which will be certified by the National Council of Tax Benefits in Science, Technology and Innovation.

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COLOMBIA | Regulatory | New regulations on inspection, surveillance and sanitary control of pharmaceuticals

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On 8 August 2016, the Ministry of Health and Social Protection issued Circular 000039 of 2016, which develops the pharmaceuticals model of inspection, surveillance and sanitary control (ISS -introduced by Resolution 1229 of 2013-).

The new circular sets out mandatory instructions for entities who perform ISS to pharmaceuticals manufactured, imported and marketed in Colombia.

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