Five things you need to know – Latin America and Caribbean

Brazil

On 15 May 2020 the Brazilian Institute of Industrial Property launched a new online portal, which promises to help users access the registry’s services more effectively. It is currently in beta, with various improvements pledged before a full version is released.

Chile

On 12 March 2020 customs agents in Talcahuano seized more than 1.1 million counterfeit fat burner pills – the biggest seizure ever carried out by the Talcahuano authorities for this kind of product. The pills bore a trademark that originates from the United States and is duly registered in Chile. The goods came from Ningbo in China and arrived in Chile at the port of San Vicente in the Biobio region.

Mexico

The Mexican Institute of Industrial Property has “ratified its commitment to creators and entrepreneurs” with the launch of a new electronic trademark office for licences, transfers of rights, oppositions, geographical indications and designations of origin, among other matters. The move means that all processes related to trademarks in Mexico can now be completed online. Further, the new digital platform allows applicants to register holographic, sound, olfactory and certification marks electronically.

Paraguay

Six people involved in the counterfeiting of pharmaceuticals have been sentenced to imprisonment after being found guilty of illicit association – the highest ever number of people sentenced for being part of a distribution network of counterfeit medicines. The sentences followed months of investigation, culminating in raids on several commercial premises and homes located in the cities of Quito and Ibarra. The authorities seized hundreds of thousands of pharmaceutical products and arrested seven people involved in the operation. Through a private prosecution, Pfizer’s legal representatives formally participated in the proceedings, joining the Attorney General’s Office as prosecutor.

Peru

On 10 April 2020 the Peruvian Trademark Office announced that it has activated new online filing services, with applicants and representatives able to initiate filings via the office website. Adriana Barrera of BARLAW notes that the date and time from when a trademark application is filed online will determine its priority right, but only if it complies with the formal requirements. In addition, the office has implemented the digital and online notification of certificates of trademark registration that have been filed digitally.