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Does the sanitary registration of a pharmaceutical product constitute an imminent infringement of a patent?

Does the sanitary registration of a pharmaceutical product constitute an imminent infringement of a patent?

by Unión Andina de Patentes | May 31, 2023 | Patents, Patents and Plant Breeder's Rights

Article 52 of Decision 486(1) regulates the exclusion rights of a patent holder. Accordingly, when the patent claims a product, the holder may prevent a third party, without their consent, from manufacturing the product; offering it for sale, selling it, or using it;...
The Acte clair in the Andean Community

The Acte clair in the Andean Community

by Unión Andina de Patentes | May 31, 2023 | Intellectual Property

In the pronouncements corresponding to Cases 1-IP-87 (VOLVO), 7-IP-89 (CIBA-GEIGY AG), 3-IP-93 (SOCIEDAD ALUMINIO NACIONAL S.A.), and 11-IP-96 (BELMONT), The Court of Justice of the Andean Community (TJCA) established the foundations for the application of mandatory...
Potential greater restrictions on spam or initial contact

Potential greater restrictions on spam or initial contact

by Unión Andina de Patentes | May 31, 2023 | Advertising Law, Data Protection and Privacy

On May 8, 2023, the Consumer Defense Commission unanimously approved the report recommending the persistence of the draft law that amends Law 29571, the Consumer Protection and Defense Code, with the aim of regulating spam or unsolicited commercial prospecting...
Opportunity to submit a divisional patent application

Opportunity to submit a divisional patent application

by Unión Andina de Patentes | Feb 7, 2023 | Patents and Plant Breeder's Rights

Article 34 of Decision 486 of the Andean Community states that a patent application may be modified at any time during the process, as long as it does not imply an extension of the disclosure contained in the initial application. In this regard, the Court of Justice...
Protection of the Peru Country Brand in the Andean Community

Protection of the Peru Country Brand in the Andean Community

by Unión Andina de Patentes | Feb 7, 2023 | Trademarks

On April 23, 2021, Decision 876 “Common Regime on Country Brand” was published in the Official Gazette of the Cartagena Agreement, which regulates the protection of this distinctive sign, which is the image that each member country projects in the Andean...
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