Do you know the main IP regulatory developments that marked the year 2023? And the main milestones expected for 2024? In our Key IP Milestones 2023-2024 webinar you will have the opportunity to catch up on the main IP developments in Europe and Latin America. A session in which we will have our local experts in each of the ClarkeModet Group countries.

In the meantime, we bring you some of the main milestones of the past year that will help you to be up to date and better understand the current global context in Intellectual Property:

European Union

At the EU level, these have been the major milestones of 2023:

• The entry into force of the Unitary Patent on June 1.
• The Artificial Intelligence Law has been agreed on, the first in the world.
• New examination guidelines for European Union Trademarks and Community Designs.
• New rules for the protection of Geographical Indications.

Argentina

• This year, the partial lapse for lack of use of trademark registrations for products and services that have not been used in the country within the previous five years came into force in the country.

Brazil

• The Brazilian government published an Action Plan to promote the National Intellectual Property Strategy between 2023-2025, with the aim of further reducing the processing time for patent applications in Brazil, improving the country’s position in trademarks and benefiting innovative projects with training on industrial and intellectual property.
• The Senate also approved the Mercosur agreement on Protected Geographical Indications.
• Also in 2023, Brazil acceded to the Hague System for the protection of international designs.
• In the area of patents, INPI opened in June a public consultation on the examination of patentability of inventions associated with transgenic plants.
• In addition, ANVISA confirmed that the duality of trademarks for medicines is possible in the country.
• Finally, steps have continued to be taken to reduce the backlog in patent prosecution.

Chile

• INAPI modified its criteria by allowing the patentability of computer-implemented inventions and Artificial Intelligence.
  • In addition, this same office launched a new program to accelerate the processing of green patents, favoring innovation in sustainable technologies.
• In the field of Geographical Indications, modernized agreements between the EU and Chile on wines, spirits and aromatized wines came into force.

Colombia

• In 2023, the SIC issued a historic and binding pronouncement on a request for reinstatement of the term of a patent due to excess of the prosecution term.
• Also this year, relevant modifications were made to the instructions for the filing of industrial design applications.

Andean Community

• In the area of patents, the possibility of using the doctrine of equivalents by the Andean Court has been opened.
• In the area of trademarks, a Protocol for the Management of Andean Trademark Oppositions and a new Andean Community Manual for Trademark Registration Examiners came into operation on March 1.

Spain

• The Spanish Patent and Trademark Office assumes the competence to resolve nullity and revocation actions by direct action against trademark and trade name registrations registered in Spain.

Mexico

• In the area of patents, an Accelerated Patent Granting Program (APG) came into force in November, which is very relevant for U.S. patent applicants in Mexico. In addition, there was an update on the practice of divisional applications in light of the provisions of the LFPPI (in force since November 2020).
• In addition, there was an important update on the practice of prosecution of industrial design applications (substantive examination) in the country.

Paraguay

• Paraguay acceded to the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of the patent procedure.
• Integration of DINAPI to the TM class system as on May 8, 2023.
• Relevant precedents for the protection of well-known trademarks and trademarks with a reputation.

Peru

• INDECOPI finally clarified this 2023 the application term for divisional patents in Peru.
• In addition, a Traditional Specialty Guaranteed (TSG) of Peru was granted for the first time in the country.

Portugal

• Entry into force of the Unitary Patent and the division of the Unified Patent Court in the country.

Venezuela

• On September 18, 2023, the trademark renewal process began for a new 15-year protection period.

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