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Legal Update 2023
December
November
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October
Uruguay implements the II Program of the Patent Prosecution (PPH) Pilot Program within the framework of the PROSUR Industrial Property Cooperation System
By Rosario Mauro. As of December 1, 2022, Uruguay implemented the II Program of the Patent Prosecution (PPH) Pilot Program within the framework of the PROSUR Industrial Property Cooperation System, for a period of 5 years. The program allows applicants who have obtained a favorable patentability report in a PROSUR member country to benefit from […]
read moreThe new Law on electronic or digital Prescriptions was enacted
By Abril Neiman y Josefina Piñeiro. On February 23, the National Executive Power (N.E.P.) regulated Law 27,553 on Electronic or Digital Prescriptions (hereinafter, “Law”)[1] establishing certain definitions and guidelines of interest. The purpose of the Law is to enable the prescription and sale of medicines, or other prescriptions, to be written and signed electronically or […]
read moreOverview of influencer legislation in Argentina
By Mariano Peruzzotti and Josefina Piñeiro. Introduction On 30 June 2020, a bill was introduced in the Argentine Congress with the aim of regulating the activity of influencers who provide digital advertising services through their social networks. The bill was not discussed in Congress within the term of two years, so it lost parliamentary status. […]
read moreReviewing function of the Federal Civil and Commercial Chamber in the new trademark opposition resolution process
By Abril Neiman. In July 2022, Chamber No. III of the Federal Civil and Commercial Court ruled on the merits of the case “WESTROCK SHARED SERVICES LLC AGAINST WEST PHARMACEUTICAL SERVICES INC ABOUT THE ADMINISTRATIVE APPEAL”, doing a final comparison between the trademarks at hand, exercising its review function of the administrative decision. Before we […]
read moreFamous trademark fights dilution, but being FIT in class 41 fights back
By Antonella Balbo. On 7 February 2023, Chamber 3 of the National Court of Appeals in Federal Civil and Commercial Matters confirmed the administrative decision of the Argentine Trademark Office (Ar TMO) by means of which it determined that the trademarks “CROSSFIT” and “ROSFIT” are not confusingly similar, in the case “Crossfit Inc. v. Gaspe […]
read morePlagiarism: Ed Sheeran’s worst nightmare
By Belén Sorrentino. Copyrights are those that protect all artistic, literary or scientific creation. In order for the creation to be protected, a minimum of originality is required and the work should reflect the author’s creative effort, even if they are unfinished or unpublished. One of the ways in which copyright can be infringed is […]
read moreArgentina signs the Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence
By Mariano Peruzzotti and Josefina Piñeiro. The Budapest Convention on Cybercrime (hereinafter “Convention”) is a Treaty created in 2001 and promoted by the Council of Europe. The aim of the instrument is to promote international cooperation and create a uniform legal framework between nations in order to deal with computer crime and criminal activity on […]
read moreOfficial fees 2023 – INPI Resolution N° 122/2022
By Belén Sorrentino and Sol Baudino. On December 23rd, the Argentine National Institute of Industrial Property (INPI) issued Resolution 122/2022 by means of which the official fees for the services rendered as of 01/01/2023 were modified. Among the fees modifications, there is the inclusion of a fee for the number of items of the classifier listed in […]
read moreA legal battle between Adidas and Thom Browne: The iconic “three stripes design” is not a sufficiently distinctive element? If so, what else is left…
By Antonella Balbo and Sol Baudino. On January 12th, 2023, the United States District Court for the Southern District of New York issued a ruling by a jury that turns out to be crucially controversial for Fashion Law. Back in July 2021, Adidas filed a claim against the U.S. designer Thom Browne for using a confusingly similar […]
read moreTrademark infringement beyond the territory through the use of Adwords
By Julieta Pérez Espinosa. In the recent case “GENIVER SAS C/ PODIOS SRL S/ PRECAUTIONARY MEASURES (Cause No. 10768/2021/CA1), CCCF, Chamber I”, the Court of Appeals decided to extend the scope of the precautionary measure that ordered the cease of use of the plaintiff´s trademark in the sponsored links through Adwords or keywords in the most […]
read moreBPTO publishes phase IV of the Patent Prosecution Highway (PPH) Program
By Rosario Mauro. The Brazilian Patent and Trademark Office (BPTO) recently published Ordinance no. 78, which implements phase IV of the Patent Prosecution Highway (PPH) pilot project and Ordinance no. 79 which rules all the other ways of expediting prosecution in Brazil. The PPH program is effective as of January 1st , 2023 and will […]
read moreArgentina’s Secretariat of Public Innovation creates National Blockchain Committee
By Mateo Augusto Darget and Josefina Piñeiro. On 7 December 2022, the Secretariat of Public Innovation of the Chief of Cabinet issued Resolution 17/2022, which establishes the National Blockchain Committee and approves the National Guidelines on Blockchain. Committee The committee aims to reduce costs and increase the transparency and efficiency of public services through the […]
read moreIncrease of Consumer Protection fines
By Mariano Peruzzotti and Josefina Piñeiro. On December 1, 2022, Law No. 27,701 on the Budget of the National Administration for fiscal year 2023 (hereinafter, “Budget Law”) was approved. Article 119 of the Budget Law amended article 47 of the Consumer Protection Law (hereinafter, “CPL”). Thus, the amounts of the fines applicable for infringement of […]
read moreMessi or Maradona?
By Paula Galván. Just a few days after the Argentine national soccer team was crowned World Champion for the third time in Qatar, the local media rekindled the classic rivalry between stars Diego Maradona and Lionel Messi, but this time in relation to an apparent intellectual property dispute. Although the media referred to the existence […]
read moreIntangible Assets – Valuation of intangibles
By Sergio Queipo. 1. How much are my ideas worth? What is the valuation of intangibles? Projects are born from ideas, hence, there is always an intangible in its essence. This initial asset multiplies itself, creating many others, like trademarks, patents, industrial models, among others. These assets are usually the biggest part of a company’s […]
read morePrivacy – Personal Data Protection news in LATAM
By Mateo Darget and Josefina Piñeiro. In this article, we comment some of the most important developments that took place during the last few months in Latin America regarding personal data protection. (i) Ibero-American Network – On September 27, the Ibero-American Data Protection Network published the “Guide for the implementation of standard contractual clauses that can […]
read moreTrademarks – Liability of Internet intermediaries
By Belén Sorrentino. A recent decision of the National Civil Court of the City of Buenos Aires highlighted the importance of intellectual property protection programs provided by e-commerce platforms. These programs are an essential tool in any corporate policy to fight against trademark infringement and other intangible assets. The case “Maradona Villafañe, Dalma Nerea and others […]
read moreTrademarks – The Madrid protocol in Latin America: what the present holds for us: Brazil and Chile
By Raquel Flanzbaum. In the expansion of the Madrid Union in Latin America, there are two milestones: first, the accession of the United States of America, where the Protocol entered into force in 2003, and secondly the adoption of Spanish as a working language, which came into force on April 1st, 2004, as this would make […]
read moreTaxes – Chile – Professional services will be subject to VAT
By Josefina Piñeiro. As from January 1, 2023, all professional services in Chile will be subject to VAT (Value Added Tax) unless they are expressly exempted, such as education, health, transportation, taxpayers who issue charge slips and professional societies. Therefore, professional services, technical advisory and consulting services will be subject to VAT. For further information please […]
read moreDiversity – October 12th: a day to reflect on cultural diversity
By Abril Neiman. Every year, in October, in Latin America we commemorate a date of great meaning for our culture, although few people really understand the significance of this holiday. For this reason, we take this opportunity to highlight the history of the 12 of October -specially in Argentina- and reflect on the concept of cultural […]
read moreCopyright – Plagiarism is avoidable
By Delfina Sejas and Julieta Pérez Espinosa. Plagiarism and misuse of other people’s works has always existed, but today these crimes seem to be commonplace. The biggest challenge authors face is proving plagiarism and proving who is the true owner of the work. On this occasion, we bring you some practical legal advice to strengthen […]
read morePatents – New decision from the Brazilian Supreme Court in favor of Patent Term Adjustment (PTA) cases
By Antonella Balbo y Rosario Mauro. Last November 16, the Brazilian Supreme Court issued a favorable decision on behalf of patent holders regarding patent term adjustment in Brazil, due to the BPTO’s unreasonable delay to study patent applications. It should be recalled that as a result of the Direct Plea of Unconstitutionality 5,529 (ADI) filed […]
read moreIndustrial design – Brazil opens a Public Consultation on the 2nd edition of the Industrial Design Manual
By Antonella Balbo y Rosario Mauro Last Monday, November 7, 2022, the Brazilian Patent Office (BPTO) opened a Public Consultation regarding the 2nd edition of the Industrial Design Manual, aiming to receive suggestions from the public. BPTO Public Consultation No. 02/2022, published in the Brazilian Official Gazette refers to chapters 2 (“What is considered an […]
read moreWe were recognized as “Firm to Watch” in the ranking “Legal 500 Latin America 2023 – TMT – Argentina”
Ojam Bullrich Flanzbaum was recognized as “Firm to Watch” in the “Legal 500 Latin America 2023” ranking for TMT (Technology, Media & Telecoms) in Argentina. We thank our collaborators, clients and The Legal 500 (Legalease) for this recognition! 🔗You can access our firm’s profile here: https://bit.ly/3F0GoH4
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July
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June
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May
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April
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March
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February
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