The hottest trademark issues in Latin America
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The hottest trademark issues in Latin America

Registrants will be brought up to speed on the latest developments in Latin America with a regional update this afternoon, as Michael Loney reports.

Juan Pablo Silva of Chilean law firm Silva & Cia will moderate a session today covering four topics: non-use of trademarks in Latin America, ambush marketing, legislation involving health and food regulations and Internet-related issues. Speakers will include Verónica Maria Canese of Marval O’Farrell & Mairal, Jacobo Cohen Imach of MercadoLibre.com, Valdir de Oliveira Rocha of Veirano Advogados Associados and Agustin Velazquez of Avah Legal.

Repelling an ambush

The issue of ambush marketing is timely, given the learning experience of last year’s soccer World Cup in Brazil and next year’s Olympic Games in Rio de Janeiro coming up.

Brazil passed a World Cup Law in 2012, which prohibited “ambush marketing by association” and “ambush marketing by intrusion,” and deemed such activities crimes punishable by fines and imprisonment. This law is being extended to cover the Olympics also.

Silva says the measures to combat ambush marketing were considered successful, although it is impossible to avoid all abuse or conflicts. For example, Adidas was an official sponsor of the World Cup, but other companies may sponsor the teams and individual players. One example of potential ambush marketing that was investigated by FIFA came when Brazilian star striker Neymar took his shirt off at the end of a match against Cameroon and, possibly accidentally, revealed part of his underwear made by Brazilian company Blue Man.

“People respected the legislation they launched and they hope to be receiving the same level of protection for this new event that is taking place next year,” says Silva. “But what happens when there is no event? What is going on with ambush marketing in this region in normal times? Are they being affected? Is it a serious issue for trademarks?”

Companies must be alert to these issues. Silva highlights the importance of education around this topic.

“In Chile we are educating lawyers not related with IP, we are educating judges, we are in permanent contact with police, we are organizing seminars and explaining the relevance of IP protection, not just for the companies but also for all of the consumers,” he says. “This not only benefits the companies when they find the trademarks are violated, it is also very important for the community. When people are cheated, it is not just the company that is affected. We’ve been in contact also with governments trying to obtain more funds for the police.”

Packaging issues

The issues of legislation around health and food regulations also look set to become a hotter topic in the region. Countries such as Australia, the UK and Ireland have either enacted or are discussing legislation for plain packaging for cigarettes. Latin American countries are “not really far” along in the debate around plain packaging, but Silva believes it is only a matter of time before they are.

“There are some countries more advanced than we are in this region,” he says. “So the question is: is this going to arrive to this region soon? According to what we are seeing, yes we are on that path.

Silva’s home country of Chile in 2012 proposed amendment to its Food Health Regulation that would place stop-sign-shaped warnings on fatty, salty and sugary foods. These would cover at least 20% of the main surface of the packing. This is intended to tackle an epidemic of obesity in the country. “The laws are very clear and it is just a matter of when it has to start,” says Silva of the legislation. “It was supposed to start last year and companies are delaying a little bit.”

The implementation of the amendment has been pushed back for a year. “So in one more year all of the packaging will have to be modified,” he adds.

RM50 Regional Update: 2015 Trends and Hot Topics in Latin America takes place between 3.30pm and 5.00pm. INTA is hosting a conference in New York in March 2016 on ‘Brands and Sports’.

more from across site and ros bottom lb

More from across our site

Lionel Martin of August Debouzy and Kristof Neefs at Inteo share how they prevailed in a UPC Court of Appeal case surrounding access to documents
Counsel say ‘strange’ results have increased their reliance on subscription-based search platforms, but costs are not being shifted onto clients yet
The firm was among multiple winners at a record-breaking 2024 ceremony held in London on April 11
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
The Americas research cycle has commenced. Do not miss this opportunity to nominate your work!
Increased and new patent fees could affect prosecution strategies for law firms and companies, according to sources
Five former Oblon lawyers felt that joining Merchant & Gould would help them offer the right prices to entice clients
The UK may not be a UPC member but its firms are still acting in proceedings, with Carpmaels among the most prominent
Naomi Pearce of Pearce IP shares how she is helping her firm become a life sciences leader and how generous policies have helped attract top talent
The Court of Appeal has dismissed an appeal filed by Ocado, in what was a key test for transparency at the new court
Gift this article