OM Weekly Digest 07/28/22
omwd 7 28 22
patent manual

07/28/22 – Patents

The Andean Community has come up with a new Patent Examination Manual for IP offices throughout the community, updating the current Patent Manual published back in 2003. This new manual will establish unified and clear guidelines as to criteria that must be considered by examiners when reviewing an application.

This new manual is the work of more than forty experts who sat in over twenty technical sessions, as well as WIPO’s oversight and the revision of three versions of the document.  

On the other hand, it is worthy to note that this Manual was not subject to third-party commentary or revision, which in the end, could have complemented the aforementioned efforts to create an effective, complete and comprehensive guide for both examiners and applicants.

marketing data privacy

07/28/22 – Data Privacy

Colombia’s Data Privacy authority recently announced measures for personal data protection aimed at data controllers and processors. These measures come down to complying with Colombia’s General Personal Data Protection Regulation, the implementation of effective mechanisms for data subjects to enforce their rights, the delivery of communications at appropriate times, timely and complete response to requests, and the elimination of information.  They also emphasize the duty of requesting data subject’s authorization in a prior, express and informed manner for data collection and for marketing, merchandising and advertising purposes. Otherwise, it is understood that the data was obtained unlawfully.  The above shows the intention to protect the fundamental right of habeas data in all arenas, given it extends to all digital advertising campaigns. 

consumer protection

07/28/22 – Consumer Law

Colombia’s consumer protection authority (SIC) recently conducted 24 visits to parking establishments in Colombia’s capital city, Bogota. These visits were to verify possible violations to consumer protection regulations.  While authorities were looking for possible violations to consumer protection regulations, they found shortcomings such as: (i) lack of information in vehicle conditions, either proof of receipt or the technological means to replace such proof; (ii) lack of sufficient and suitable information on the available means of payment; among others.Consequently, the SIC issued 17 administrative orders to parking lots seeking infringing conduct to cease. Failure to comply with the orders issued would have the authority initiate administrative investigations resulting in fines or more drastic measures such as shutting down establishments depending on how serious the violations.   This shows that the SIC maintains rigorous and constant surveillance of this sector.  Original source in Spanish.

fictional characters copyright

07/28/22 – Copyright

The UK Intellectual Property Enterprise Court (IPEC) issued decision Shazam Productions Ltd v. Fools The Dining Experience Ltd, granting copyright protection for the first time ever to fictional characters as literary works, provided they are identifiable and original. Such requirements imply that a literary character must be identifiable with sufficient precision and objectivity and reflect the author’s personality.