Region: Latin America & Caribbean

US lawmakers sound alarm on China’s WIPO ambitions

China has nominated agency insider Wang Binying for the director general post, but the US is said to favour Singapore's candidate

18 December 2019

Coexistence of rights – plant variety and patent rights

The agribusiness sector has been rapidly developing thanks to large investments in technology. As a result, it is essential that innovations are properly protected. Safeguarding plant varieties is key, and there are multiple ways to go about doing so.

18 December 2019

Intervention of third parties in patent nullity actions

Lawsuit judgments tend to affect the parties of the legal proceeding only, as they have participated in the constitution of a specific res judicata. However, in some cases, a decision has an impact on legal positions beyond those originally part of the proceeding – namely, on third parties’ legal interests. This is often the case in patent nullity actions.

11 December 2019

Biologics exclusivity may be sacrificed to seal NAFTA 2.0 deal

Trump administration said to be considering weakening provisions to break political gridlock over USMCA

05 December 2019

The search for the world's leading IP strategists is on

IAM is currently seeking nominations for individuals to be considered for the 2020 edition of the Strategy 300 - our unique guide to the men and women who excel in the creation of IP value

05 December 2019

What leaked US trade talks tell us about future of UK pharma IP

Secret government documents detailing pharma patent discussions between UK and US officials have stirred up a controversy in the run up to the British general election later this month

04 December 2019

Protecting Brazilian biodiversity and its relationship with the patent system

Biodiversity in Brazil has significant potential to treat many diseases and health problems. As such, it is of great importance in the R&D of drugs and compounds, which are protectable by patents. However, legislation on national genetic heritage must be accurately observed when filing for a patent.

04 December 2019

Technology patents present a new challenge for INPI

Brazil has dropped significantly in international innovation rankings, now occupying the lowest positions in these boards. There is debate over the reason for the lack of development in the tech sector, especially with regard to patents based on AI and machine-learning technologies. However, the political situation and the National Institute of Industrial Property’s huge patent backlog are widely believed to be behind the fall.

27 November 2019

Fast-track examination for patents in Brazil: INPI launches unified Patent Prosecution Highway programme

On 22 October 2019 INPI launched Resolution 252/2019, which merges the rules and procedures of all the current Patent Prosecution Highway (PPH)  pilot projects. All previous PPH pilot programmes will be revoked on 30 November 2019. According to INPI, the resolution aims to simplify procedures for both users and the office and expands the potential of these agreements, with the aim of reducing the patent backlog.

20 November 2019

The burden of proof in patent lawsuits

While the Civil Procedure Code clearly states that plaintiffs must produce evidence on contested issues, this can be reversed if it is impossible or excessively difficult for the plaintiff to perform the duty or when evidence can be easily obtained by the other party

13 November 2019

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