On January 10 2018 the president issued Decree 27/2018, which aims to further reduce and simplify the regulations of relevant regimes in order to provide an efficient response to requests for the exercise of commerce and the development of industry (eg, agro-industrial activity).
The decree introduced amendments to Trademark Law 22,362, AR Patent Law 24,481 and the Industrial Models and Designs Decree 6673/63.
In regard to industrial property, the decree aims to reduce the burden on applicants by shortening prosecution times.
Although these amendments became effective on January 12 2018, they are yet to be ratified by Congress.
In regard to trademark law, the decree simplifies the opposition procedure; implements the administrative resolution of oppositions, nullities and cancellation for non-use actions; and requires proof of use for registered trademarks.
The new decree's most important amendments are as follows:
- Opposition system – the administrative authority (the National Institute of Industrial Property (INPI)) now has the power to resolve oppositions if they have not been amicably settled within three months. Administrative decisions on oppositions may be appealed to the Federal Court of Appeals.
- Nullities and non-use cancellations – INPI can also resolve claims on nullity and non-use cancellations. The new decree provides for partial cancellation of rights due to non-use, which also may be appealed to the Federal Court of Appeals.
- Use requirement – trademark owners will be required to file a sworn declaration of use five years after registration.
The regulation implementing these changes will be issued by INPI in the near future.
For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100) or email (firstname.lastname@example.org). The Obligado & Cia website can be accessed at www.obligado.com.
This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. Register for a free subscription.