Monday, September 3, 2012

EL SALVADOR: Customs Authority Enables Border Measures through Administrative Regulations

Finally, after several years of waiting, the Salvadoran Customs authority has instated the application of Border Measures in the country, by enacting Administrative Regulation No. DACG No. DGA 007-2012 in force since last June 15, 2012.

Such regulation gives life to the commitment acquired in Sections 51 through 60 of the TRIPS Agreement, and its effectiveness is yet to be tried in the real world.

You may access a Spanish version of the same in the following link: Administrative Regulation No. DACG No. DGA 007-2012.

Thursday, January 12, 2012

EL SALVADOR: Political IP infringement??



The political campaign for electing Mayors and Senators in El Salvador has just begun.

In the past few days a political leader (and candidate for Senator) Mrs. Ana Vilma de Escobar, accused her opposing party (FMLN) of infringing her "Defiende tu voto" advertising campaign ("Defend your vote").

Truth be told, both signs are exactly the same phrase and type of letters. Giving rise to the question: is there really trademark or copyright infringement?

Unfortunately in El Salvador there is very limited protection for unregistered marks; however, there may be a cause of action for copyright infringement, based on the originality of the graphic design rather than the wording itself.

What do you think??

Wednesday, November 9, 2011

ECUADOR: Beware late..late..worms!! No more time extensions for oppositions in Ecuador.


According to a recent decision issued by the ECUADORIAN INSTITUTE OF INTELLECTUAL PROPERTY - IEPI (11-029 P-IEPI), it is no longer permissible to file term extensions for Trade Mark Oppositions in Ecuador.

This interpretation was based on the fact that the Andean Community Decision No. 486 (Common Intellectual Property Regime applicable in several countries of South America), only provides a 30 day term for oppositions and does not contemplate any time extensions. It is important to mention that the said Andean Decision is superior in hierarchy to domestic laws in Ecuador.

In addition, there has been a misuse of these time extensions, as a bad faith tool to delay trademark applications.

Apparently the early bird, eats the late...late...worm, so, be careful when it comes to opposing in Ecuador.

Monday, July 25, 2011

MEXICO: The Unfortunate "Blue Magic" Effect


I recently read in an online newspaper, that some drug cartels are actually using Trademarks to distinguish their products from those of their competition.

Just like the dreadful Frank Lucas did in the 70´s with his "Blue Magic" heroin, these guys apparently inspired themselves in the Denzel Washington film "American Gangster" and are doing just the same.

How unfortunate!!

Tuesday, July 19, 2011

COLOMBIA: The Madrid Protocol is now a reality.


On June 29, 2011 the Colombian Congress approved Act 1455, by which the Madrid Protocol comes into effect in such country.

Colombia is now part of this treaty along with 84 other countries such as: Germany, Spain, USA, China, Israel, Japan, Cuba, UK, Switzerland, Korea, Russia, UE, France, etc. Internal steps are yet to be taken for a full validity of the Act.

This would be the second Latin American jurisdiction (after Cuba) to enforce the Madrid Protocol, when traditionally, most Latin American countries refuse to be part of it.

The basis of their rejection is the inconvenience to their nationals, disadvantage to domestic marks and major constitutional issues incompatible with the Treaty.

Rumor has it that Brazil, Dominican Republic and Costa Rica are in the same process and will soon be included in the list.