Patents and trademarks

/Patents and trademarks

Major reform of Industrial Property Law in Chile

The current Chilean Industrial Property law dates back to 1991, although it has been modified three times: in 2005, 2007 and 2011. However, this law does neither adapt to the reality of global and dynamic economy, nor to the international treaties and Free Trade Agreements signed by Chile especially with Europe and USA.

Reforma de la ley de propiedad industrial en Chile

As an example we can see that, in 1991, 16.000 applications for trademarks registration and 800 patents application were filed. In 2012 there were 53.040 applications (33.693 new trademarks and the rest renovations) and 3.760 patents.

The Chilean government decided to draft a new law, whose preparation lasted about three years, collecting opinions from entrepreneurs, professionals and associations.

Reform of industrial property law in Chile: modifications

The new law changes a series of elements which we are now going to comment:

  • New definition of a trademark: its definition is extended, which allows including three-dimensional trademarks, holograms and olfactory trademarks.
  • Slogans, which today are always protected together with a previously registered trademark, will be autonomous trademarks.
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How to improve the European Patent

How to improve the European Patent: Uploaded on Youtube on 09/09/2011

In the following video created by the UC3M, the professor of Economics Department Alvaro Escribano make some comments about an investigation which analyses how to improve the European Patent system. The possible adoption of a unified patent in Europe put back this current subject; the following video introduces the topic answering a series of questions:

Why a Patent System is useful?

There is an open debate on this question and some controversy.

  • First, the defenders of the system affirm that if there is not recognition of monopoly through patents there will be no promotion of innovation.
  • On the other hand, the detractors think the competition between companies alone generates an innovation process.

What properties must have a Patent System to be efficient?

  • Must be low cost.
  • Should be widely publicized and accessible.

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2019-04-19T06:20:36+02:00Categories: Patents and trademarks|Tags: , , |

Registration of transliterated trademark in Israel

The registration of a trademark in Israel on Latin letters does not entirely protect its Jewish version. 

In case of a subsequent trademark application, transcribed in Hebrew characters, which is phonetically identical to a previous trademark in its Latin version, they could coexist. Therefore, it is advisable to register the transliteration of Hebrew trademarks, in order to avoid this kind of situations. To handle the registration of transliterated trademark in Israel, it is highly recommended to have an expert trademark agent informing us and carefully managing the registration.

 

We have a practical example with this famous brand:


Registered trademarks and new xxx domains

In this post we return to the birth of the new xxx domains extension that emerged in September 2011.

A new top level domain name registration is forthcoming, under the extension “xxx”, intended to identify online adult entertainment industry.

 

To prevent cybersquatting practices, a preventive phase has been defined with this new domain name for those registered trademark owners who are not part of that industry, in which they can preserve these domains for defensive purposes.

Cybersquatting is defined as the act of registering a domain name, knowing that another holds a previous right, trafficking in, or using a domain name with bad faith in order to find a profit usually from a well-known trademark owned by a third party. The cyber squatter then offers to sell said domain to the legitimate owner, which is the one who owns a trademark identical or similar to the conflictive domain name.

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