We continue to review the current global context of Intellectual Property. After anticipating the most relevant legislative developments in 2023, we review some of the changes that are expected in 2024 in each of the countries of the ClarkeModet Group that will set the pace in our sector.

Global IP trends in 2024

In addition to the specific developments that we will see point by point, these are some of the trends that will define the IP field.

In patents, new accelerator programs are expected worldwide, in addition to green programs that facilitate and expedite the protection of sustainable inventions. Adjustments in patent exclusivity rights and their period of validity are also foreseeable, especially in the field of Life Sciences (compulsory licenses, biosimilars, SEP, SPC, term extensions, etc).

Regarding trademarks, non-traditional marks will continue to gain ground in legislations around the world, given the current importance of these signs in branding strategies, including regulations for new generation and well-known trademarks.

Finally, it is foreseeable that everything related to new disruptive technologies, particularly Artificial Intelligence, will bring innovations to the IP field and will pose new challenges that will need to be progressively addressed in the legislative framework.

European Union

• 2024 will be the first year of life of the Unitary Patent after its entry into force, so the first decisions are expected, as well as new rules in the regulation of Standard Essential Patents (SEP).
• The reform of the pharmaceutical legislation recently proposed by the European Commission will introduce significant updates in pharma patents. Among the proposals: a reduction of exclusivity to two years, improvements in the bolar clause and a new regulation for Supplementary Protection Certificates.
• As for designs, a new regulation is expected to come into force in 2024.

Colombia

• Regarding Patents, a new compulsory licensing procedure is expected in the country, promoted by the Ministry of Health.

Mexico

In Mexico, the following is expected:

• The possible publication of the Regulations of the Federal Law for the Protection of Intellectual Property.
• The possible updating of the legal provisions applicable to the patent liaison system.
• In addition, it is expected that the new Federal Law on Plant Varieties may enter into force.

Peru

• It is possible that Peru will join the International Design Registration System in 2024.

Uruguay

• In patents, Uruguay’s accession to the International Patent System (PCT) is expected following the approval of a Bill that may be enacted in 2024.
  • Another expected milestone is the signing of the first draft of a Regulatory Decree for the Registry of Geographical Indications and Appellations of Origin.
  • Finally, a decree will enter into force in March that will allow the registration of position, pattern, movement and multimedia marks.

If you want to know in detail each of these developments, do not forget to register for one of our Key IP Milestones 2023-2024 webinars.