Latin America and Caribbean

In view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems that held IP owners back in the past.

For a long time, the Mexican Industrial Property Law remained static. However, in the last years, the law has been amended, having an impact on the lifespan of design registrations. Furthermore, due to the recent international commitments of our country, a new law has been approved further modifying the patent maintenance system.

The Brazilian Patent and Trademark Office recently announced three new fast-track options for the examination of patent applications, which are already in effect. These new fast-tracks are available for: (i) applications covering “technologies already available in the [Brazilian] market”; (ii) applications filed by local startups; and (iii) applications for “technologies resulting from [Brazilian] public funding.”

Robert Daniel-Shores and Fábio Leme of Daniel Law examine lower courts’ interpretation of non-binding STJ decisions on injunctive relief in trade dress disputes

Eduardo Kleinberg and Santiago Zubikarai Gonzalez Mariscal of Basham Ringe y Correa analyse the new Federal Law for the Protection of Industrial Property, examining the ways in which it affects damages and conciliation

Edith Rivero and Victor Garrido of Dumont analyse provisions in the new Federal Law for the Protection of Industrial Property, including those relating to withdrawal of a priority claim, patentable subject matter, divisional applications, supplementary certificates and the Bolar exemption