Latin America and Caribbean

Jaime Rodríguez of Olivares explores how Mexican lawmakers have attempted to strengthen trademark protection in the digital environment

Rafael Salomão Romano and Samantha Salim of Daniel Law outline how the instructions will improve transparency and accountability in the Brazilian pharmaceutical patent scene

It is important not to forget that the Civil Code states that debtors respond to the fulfilment of their obligations with their assets, except for all those assets considered by law as inalienable or which cannot be seized.

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.”