Managing Intellectual Property

How to protect patents in Latin America

02 March 2009

Eileen McDermott, New York

Backlogs at patent offices, political unrest and unspecialised courts are some of the challenges facing IP owners in Latin America, according to participants in Managing IP’s Latin America roundtable

While accession to and increased implementation of the WIPO-administered Patent Cooperation Treaty (PCT), in part due to Free Trade Agreements with the US and EU, have improved filing times in some countries, backlogs remain a major problem across the region. In Argentina, for example, pharmaceutical and biotech patents are typically examined 6-7 years after the initial request for substantive examination.

In Mexico, where examination times are above average, the biggest challenges lie on the enforcement side, although the recently estabished specialised administrative court...



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