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Report | Reinstatement of Intellectual Property Rights

  • 17 August 2021
  • Reports

Report | Reinstatement of Intellectual Property Rights

What legal mechanisms exist against unintentional loss of an Intellectual Property right?

The concept of reinstatement of right is an interesting defense mechanism against unintentional loss of an Intellectual Property right, contemplated by the legislation of some countries and applicable to most of its forms (patents, utility models, trademarks, designs, and even plant varieties).

It is not uncommon for the holders of these rights to call for this legal instrument at any time, which allows them to recover the exclusivity on their innovations under certain conditions.

It is estimated that, only in Spain, more than 500 patents could have unintentionally fallen into public domain between 2017 and 2020, increasing in this time the requests for reinstatement of rights by 17%. There is reason to believe that this amount will significantly grow in 2021 due to the various incidents triggered by the pandemic (such as the temporary suspension of administrative terms or due to the exceptional measures adopted by the applicants to tackle the situation).

Based on our long experience in Spanish and Portuguese-speaking markets, assisting holders of IP rights in these situations, from ClarkeModet we have prepared a brief overview of the current legislation in each of the jurisdictions where our companies are located:

  • Argentina
  • Brazil
  • Chile
  • Colombia
  • Spain
  • Mexico
  • Peru
  • Portugal
  • Uruguay
  • Venezuela
  • Europe
  • International

Download our report on the Reinstatement of Rights in Spanish and Portuguese-speaking countries:

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Report | Reinstatement of Intellectual Property RightsReport | Reinstatement of Intellectual Property Rights