World Intellectual Property Day
Argentina: New Decree – Changes Trademarks & Patents
We would like to inform you about a new decree issued by our Executive authorities looking for optimization and modernization of administrative procedures in the Trademarks and Patents Office.
In case this decree is approved, the Trademarks and Patents Office will be in charge of regulations needed to make it possible to apply the changes.
Notwithstanding the above, here are the main changes that may affect the local procedures.
*On one hand, a special electronic domicile should be stated before the Industrial Property Institute which requirements should be regulated by said Institute.
TRADEMARKS
The main change refers to the oppositions:
- The term to negotiate with the counterpart now is only three months.
- After said term, instead of mediation procedures and court actions, the TMO would decide on the objections that have not been withdrawn.
- The TMO would have to issue the regulation that have to include the chance for the opponent to expand the grounds of the opposition and the chance for both parties to file proofs to base their positions, in order to protect defense rights of both parties. The resolution issued by the Examiner would be subject of appeal before the Judicial court of appeal.
- Cancellation and nullity actions that are now in jurisdiction of the Courts, would be in the hands of the TMO. This office ex oficio or at the request of a third party would decide on eventual nullity and cancellation actions and only these decisions would be subject of appeal before Judicial courts of appeal.
- Partial cancellation based on non- use is now applicable if the mark was not being used in the last five years at least in the commercialization of related products or in services or as commercial name.
- There is a new requirement: An affidavit of use of the mark would have to be submitted between the fifth and sixth year of granting of the mark.
PATENTS
- The priority document as well as the POA are not mandatory but can be requested by the Patent Office.
- Most of the procedural terms would be reduced from 90 days to 30 days. (i.e. to fulfil the filing requirements).
- The deadline to pay the examination fees would also be shorten from three years to 18 months.
INDUSTRIAL DESIGNS
- With this decree it is possible to submit up to 20 designs is a one application, as long as included in the same Locarno Classification class.
- Photographs and/or digital reproductions can be filed instead of designs.
- Grace period of six months for the renewal of the designs after deadline would now be feasible. In addition to the chance of the applicant to request the postponement of the publication of their application for six months.
We must emphasize that this Decree includes innumerable modifications to other entities and this is being questioned by several sectors. We cannot disregard unconstitutional actions against the regulations.
On the other hand, we inform that meetings are being held with the National Institute of Industrial Property authorities, whom indicated that they consider the Decree as in force since January 12, 2018, and that they are working to issue the regulations that are needed.
We expect to receive news related to the issue of this regulations and promise to keep you duly posted.
As usual, you can contact us via any of our media channels or directly to our email: gatti@gattiasoc.com.ar
Marques 31st Annual Conference – Prague 2017
Gatti is very pleased to announce that we will be assisting to the next Marques Anual Conference in Prague.
It will be a great pleasure for us to meet you there and network in this motivating space of work.
We hope you have a prosperous and pleasant stay in this interesting event.
En-Como registrar una marca de alimentos?
This post is not available in English
World IP (Intellectual Property) Day
INTA 2017 Meeting in Barcelona
Gatti & Asociados is pleased to inform you that we will be assisting to the next INTA meeting in Barcelona.
It would be a great pleasure for us to meet you there and network in this motivating space of work.
If you want to schedule an appointment with Mr. Fabian Gatti, partner of the firm, please fill in the following form and we will contact you asap.
We wish you have a prosperous and pleasant stay in this interesting meeting event.
Intellectual Property for Apps Protection
Intellectual property relates to creations of the mind: inventions, literary and artistic works, and symbols, names and images used in trading.
According to the agreement of TRIPS, Intellectual Property was ratified as the most suitable protection for software programs. Continue reading
Register of Trademarks and Patents abroad
From the point of view of intellectual property, Trademark is all sign with distinctive capacity. Although these signs can relate to the socio-economic reality of a particular place, globalization made it possible to brands to achieve ever more assert itself globally. It may be a “pipe” for sportswear brand, an “M” distinguishable by its form or the characteristic of the yellow colour of the packaging of a chocolate. In this way, the marks distinguished products and services both in the country of origin and in all those countries in which the brand is present. Continue reading
What is meant by international patent PCT?
The main objective of the PCT is to simplify and make a more effective and economical procedure for the protection of inventions by patents in several countries. This facilitates patent holders their simultaneous protection in the system of patents and the offices responsible for managing it in the world.
Land of Argentina
GATTI representing INV prevent that an importer of Canada register trademark “Land of Argentina” for wines.
The defense to the Office of intellectual property of Canada, was based on arguments that arise, first, of the trademark Act of that country, which establishes the prohibition of the use of geographical commercial designations, and also in International Treaties for the protection of Industrial Property and the agreement on Intellectual Property rights related with the trade (TRIPS) of the world’s Trade Organization (WTO) why Canada should respect our country’s name and deny the registration of the mark.
New solutions to GLOBAL CHALLENGES
We stand out at National and International level as regards the global protection of Trademarks, Patents and Intellectual Property.
Our main task in the global protection is to safeguard the rights of Industrial Property simplifying all registration processes in different countries.
The protection of plant varieties, also known as a system of law of the plant breeder is a form of intellectual property "sui-generis" which aims to give the breeder of a plant variety an exclusive right to exploit its creation. The breeder is the person who has created or discovered and developed a plant variety.
The trade dress is made up of the set of distinctive signs constituting a trade and that characterize it. For example, decoration or commercial image, the shapes of the buildings and even the uniforms used.
The registration of software and intellectual property protection of computer programs in its source and object versions, are protected by the Law 11.723 of Intellectual Property, which states that computer programs are considered literary works, scientific or artistic in terms of the law.
The Patent Cooperation Treaty PCT can seek protection by patent for an invention in many countries at the same time by filing an “international” patent application. It can be submitted by nationals or residents of the Contracting States of the PCT. Applicants are able to protect their invention worldwide in 148 countries.
Service that is performed prior to a purchase process where the potential buyer evaluates a company and / or its assets in the face of an acquisition.
