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Category: Articles

Chile: non-use trademark cancellation

By Magdalena Sáenz Lavalle. The Chilean Industrial Property Law has been recently modified due to the publication of Law 21,355. One of the most significant changes is the inclusion of the partial or total trademark cancellation action due to lack of use or genericide (generic trademark). According to this change, all trademarks registered in Latin American […]

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Company fined as a consequence of a data breach

By Mariano Peruzzotti and Valentina González Medina. On September 17, 2021, the Agency for Access to Public Information (“AAPI”), controlling authority of Personal Data Protection Law No. 25,326 (“PDPL”), sanctioned Cencosud SA for violating the provisions of the data protection legal framework as a consequence of a security incident. The AAPI became aware of a data breach that […]

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Online supermarket sales must also comply with the Supermarket Shelf regime

By Mariano Peruzzotti and Antonella Balbo. On September 10, 2021, Resolution 926/2021 (“Resolution”) of the Secretariat of Domestic Trade was published in the Official Gazette. The Resolution complements the Supermarket Shelf Law No. 27,545, providing new obligations for online supermarket stores. The Resolution provides that: (I) the products listed in the Resolution shall be displayed on the homepage […]

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Front-of-package label bill – By María Luisa Santa María y Mariano Peruzzotti

What is front-of-package warning labeling? This is a bill which purpose is to provide nutritional information that is simple and understandable about packaged foods and non-alcoholic beverages. In particular, it seeks to warn consumers about excesses of critical nutrients, namely, sugars, sodium, saturated fat, total fat, and calories. How? Through four resources: Warning labels: The […]

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Gender identity

By Raquel Flanzbaum and Antonella Balbo. On July 20, 2021, the Argentine Government issued Decree 476 where, from now on, ID Cards and Passports must comply with Law No. 26,743 on Gender Identity, permitting non-binary IDs. The key innovations of the Decree are the following: i. The Citizens National Identity Database (“RENAPER” after its acronym in Spanish) must […]

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Lindt’s Golden Goose Bunny is trademark protected

By Mercedes Bullrich and Antonella Balbo. For the German Federal Court, if there is a chocolate bunny whose golden aluminum wrapping is emblematic, that is the case of Lindt & Sprüngli’s chocolate. The famous Lindt chocolate bunny has been sold with its golden aluminum wrapping since the dawn of its existence, in 1952, and the company of Swiss […]

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Cannabis, trademarks, morality and proper conducts

By Belen Recchini. As a result of the enacting of the Medical and Scientific Research on Medicinal Use of the Cannabis Plant and its Derivatives Law, the number of trademark applications bearing the terms “CANNABIS”, “MARIHUANA”, “THC”, “CBD” and other allusive terms, have significantly increased. The Trademark Office has also modified its criteria of admissibility for […]

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Sound Trademarks

By Paula Galván. On July 7, 2021, the General Court of the European Union, in the context of an appeal filed against the European Union Intellectual Property Office in 2019, confirmed the rejection of an application for the registration of a mark consisting of the combination of sounds made by the opening of a fizzing […]

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The most famous mouse in the world wriggled out of payment

By Camila Sirianni. On May 27, 2021, Chamber A of the Civil Court of Appeals confirmed the rejection of the claim for damages derived from an alleged violation of the Intellectual Property Law, considering that the plaintiff had failed to prove that he was the author’s rights. Julián Boffa sued The Walt Disney Company (“Disney”) […]

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Legal News on the Viticulture Industry

By Juan Carlos Ojam and Antonella Balbo. We share the latest news concerning the viticulture industry that were recently published in the Official Gazette in Argentina. Minimum degrees of alcoholic content for establishments located in Buenos Aires, Cordoba, San Luis, La Rioja, Catamarca, Salta and Valles Calchaquies. On August 17, 2021, Resolution 15/2021 (“Resolution 15”) of the National Institute […]

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