Managing Intellectual Property

Roundtable: the Latin American patent challenge

01 April 2009

Managing Intellectual Property

Patent protection and enforcement can be a complex undertaking in Latin America. Corporate and private practice professionals, and a WIPO representative, discuss strategies

One-minute read
With major backlogs at patent offices, lack of specialisation on the part of the judiciary and enforcement officials and political unrest in some countries, prosecuting and enforcing patent rights in Latin America can be risky. But many nations are taking key steps to improve their systems, and the introduction of the WIPO-administered Patent Cooperation Treaty, often through accession to Free Trade Agreements with the US and Europe, has greatly improved the landscape for patent owners in the region. However, it is crucial to stay on top of recent developments in administrative and judicial proceedings and to obtain advice from local counsel in order to be successful in prosecuting and enforcing patent rights throughout Latin America.

What are the chief obstacles for companies seeking to obtain patent protection in your respective countries? CN: I am afraid to say that, in Brazil, it's the National Institute of Industrial Property's (INPI/BR) slow-paced...



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