IPTango: electronic service

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Friday, 22 February 2019

Brazil: Geographical Indication gets e-application running

Patricia Covarrubia February 22, 2019 No comments:

Yesterday, 21th February, 2019 the Brazilian Instituto Nacional da Propriedade Industrial (INPI) has made available the electronic system for Geographical Indications (GIs). This was approved by Resolution No. 233 of January 18, 2019.

The system aims to speed the process and allows the applicant to file the petition from any place and any day of the week. Through the system, you could get assistance on how to complete the forms.
The system is available by using the same login and password registered in the (Union Collection Guide GRU) if you have one. If not, then you need to obtain a GRU number which is payable – you need to do so before starting the application.

A user’s guide can be found here.

The Industrial Property Law no. 9279/96, sets up the system for GI protection in Brazil. The law distinguishes between 2 types of GIs: Indication of Source (Indicação de Procedência) and Appellation of Origin (Denominação de Origem).
The INPI has registered 51 Indicação de Procedência (all nationals) and 20 DOs (9 of them are nationals).

They are:
Alta Mogiana
Altos Montes
Cachoeiro de Itapemirim
Canastra
Cariri Paraibano
Carlópolis
Colônia Witmarsum
Costa Negra
Cruzeiro do Sul
Divina Pastora
Farroupilha
Franca
Goiabeiras
Linhares
Litoral Norte Gaúcho
Manguezais de Alagoas
Maracaju
Mara Rosa
Marialva
Maués
Microrregião de Abaíra
Monte Belo
Mossoró
Norte Pioneiro do Paraná
Oeste do Paraná
Ortigueira
Pampa Gaúcho da Campanha Meridional
Pantanal
Paraíba
Paraty
Pedro II
Pelotas
Piauí
Pinto Bandeira
Porto Digital
Região de Corupá
Região da Serra da Mantiqueira
Região das Lagoas Mundaú-Manguaba
Região do Pinhal
Região de Própolis Verde
Região de Salinas
Região do Cerrado Mineiro (DO)
Região do Cerrado Mineiro(IP)
Região do Jalapão
Região Pedra Carijó
Região Pedra Cinza
Região Pedra Madeira
Região de São Bento de Urânia
Rio Negro
Sabará
São João del Rei
São Matheus
São Tiago
Serro
Sul da Bahia
Vales da Uva Goethe
Vale do Submédio São Francisco
Vale dos Sinos
Vale dos Vinhedos(DO)
Vale dos Vinhedos(IP)
Venda Nova do Imigrante

Source, the INPI.

Peru: Electronic Publication System for IP Applications is at your service

Patricia Covarrubia July 11, 2017 No comments:

On 28 June this year, by means of the Supreme Decree No. 071-2017-PCM, the Peruvian Government approved the implementation of the Electronic Gazette of the National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI). According with the Decree’s Complementary Transitional Provision, in this Gazette will be published: ‘(t)he trademark applications and the other industrial property elements included within the scope of the Decision 486, Common Industrial Property Regime governing Bolivia, Colombia, Ecuador and Peru, which are at the stage of issuance of the order of publication (…)’ <own translation>. This means that, from now on, all the applications for the different kinds of industrial property covered by the Andean Decision 486 will be published in the Electronic Gazette of the INDECOPI. In addition to trademarks, Decision 486 regulates patents, utility models, layout-designs of integrated circuits, industrial designs, trade names, labels or business signs, geographical designations (appellations of origin and indications of source), and trade secrets.

The extract of the publication includes:

a. The application number and, if it be the case, the date of submission of the application;

b. Name and country of the applicant; and,

c. Complete date of any priority claimed, or a mention if a right of pre-emption has been exercised.

Depending on the type of the intangible good requested for IP protection, among others, the publication may also include the name and description of the patent, the description and/or representation of the trademark, the indication of the class and the products or services covered by the sign, and the geographical area covered by the geographical indication.

The implementation of this system represents a substantial step forward in the administration of IPRs in Peru due to its great potential for time and cost reductions. On the one hand, electronic publications can undoubtedly be done more efficiently than paper publications. Moreover, the legal terms for the IP administrative actions and procedures could be reduced, as this system operates on a daily publication basis and the legal terms start counting since the business day following the publication, thus, this would speed up the process. Consequently, as the time for the publication is reduced the time for granting an IP is reduced as well. On the other hand, before this, IP applications were published in the Official Journal el Peruano, which unlike the Electronic Gazette of the INDECOPI, is not specialised and is not free. However, unpublished applications with publishing orders issued before the Supreme Decree entered into force, can be published in either the Official Journal or the Electronic Gazette.

Given the above, the change of the publication system, from the Official Journal el Peruano to the Electronic Gazette of the INDECOPI, will certainly be of benefits to users of IP in Peru.

Post written by Florelia Vallejo Trujillo

Assistant Professor Universidad del Tolima, Colombia
PhD Candidate University of Nottingham, UK

Brazil announces the beginning of electronic filing for industrial designs

Patricia Covarrubia April 12, 2015 No comments:

The weeks have been busy at the Brazilian Intellectual Property Office (INPI). After some news about patent guidelines, INPI published on the April 7^th Official Gazette (RPI 2309) the Resolution # 146/2015 (Resolução nº 146/2015), instituting the electronic system for industrial designs. According to the resolution, the electronic filing for industrial design applications will become available on April 22, 2015.

INPI has progressively been improving their electronic systems. In 2006, INPI started with the “e-Trademarks” (e-Marcas) for trademark applications, with an update to its 2.0 version in 2011. As reported here, from July 2011 INPI started testing its “e-Patent “(e-Patentes) system by allowing users to access “Cartas Patentes” (patent letters). Although scheduled for 2012, it was in 2013 that INPI put up in the air the e-Patent system officially. In October 2014, INPI started facilitating access to online search system of trade marks, patents, industrial designs, and computer programs. The industrial design system is the latest step taken by the INPI towards a total digital environment.

INPI electronic systems are part of INPI’s efforts to expedite patent and trademark prosecution in order to reduce its backlog. These systems allow users to file applications electronically and have some online access to prior art documents and technical opinions issued by examiners, among other services provided by the Office.

INPI’s website provides quite some interesting data about the current use of the “e-Trademarks” and “e-Patent”. As per the tables, you can see that there is a growing interest in the use of the systems, culminating in 74% of the trademark and patent applications being currently filed electronically.

It is important to remember, however, that in Brazilian Law industrial design applications are not subjected to substantive examination. Therefore, it is really possible to expect an immediate impact of the new system. Currently, INPI takes an average one and a half year for granting industrial designs, but with the new system we can hope the INPI will be able to significantly decrease the existing industrial design backlog.

Post written by Roberto Carapeto

Brazil: Progress and looking ahead -- facilitating online services

Patricia Covarrubia October 20, 2014 No comments:

The Brazilian Instituto Nacional da Propiedade Industrial (INPI) is now facilitating access to online search system of trade marks, patents, industrial designs, and computer programs. It all started last Tuesday, October 14.

There is a direct link and thus access to the database without going through login/password page. However, if you would like to have access to a wider content and thus, production of documents, you should register. This latter appears to be a straightforward and easy process i.e. just filing out certain details – as far as I am aware nothing to do with ‘payment/fee’ details as the Venezuelan IP office requires (see previous post here).

Registration, while not crucial, comes divided into three sectors: 1.- Client (natural or legal person domiciled in the country); 2.- Lawyer or Attorney without special qualification (representing a client in the requested services); and 3.- Industrial Property Agent.

This new addition complements previous online services such as: ‘e-marcas, electronic view of petitions, and ‘push’.

e-opinion: good news for users of the patent system

Patricia Covarrubia May 03, 2011 No comments:

Starting today, May the 3er, users of the patent system can have access to the expertise orders on the website of the Brazilian Intellectual Property Office (INPI); this is so by means of the e-opinion system.

The system helps to facilitate access to documents produced by INPI’s staff --patent examiners, and so accelerating the process. INPI reminds its users that the procedure in hard copy (paper) will still exist.

The decisions of the examiners are available as PDF files. Prior documents cited are also available. Full details of all orders are still available in the Journal of Industrial Property (RPI).

Information regarding accessing the system will be available only one or two days after the date of publication on the RPI, and any problems in viewing or printing of the decisions/opinions cannot be considered for extension of time. That said, INPI announces that the counting of time is made from the date of publication in the RPI.

BRAZIL: Push-INPI update

Patricia Covarrubia July 29, 2010 No comments:

The new system recently put forward by the Brazilian Instituto Nacional da Propriedad Industrial (INPI) which allows monitoring proceedings via e-mail has reached 12000 entries in only a week (earlier post here). According to the INPI web page, the numbers of entries is over 10% of all trade mark applications received by INPI each year.

Hopefully this is an indication that people is finding the system easy and reliable and not just using it for being novel.