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Dez 03, 2020 (Newsletter Issue 20/20)
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Automatic Recognition of TRIPS Agreement by SAPI Announced

On November 9, 2020, the Autonomous Intellectual Property Service (SAPI) signed Official Notice No. DG-09-2020 dated October 1st, 2020, announcing the automatic recognition of the TRIPS agreement and other International Treaties (Paris Convention for the Protection of Industrial Property) as preferred and immediate applicability over national legislation.

As of October 1st, 2020, the direct application of substantive and adjectival rules for obtaining and defending all IP rights that are more favorable to the holders of patents and trademarks included in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) are in force both before the National Patent and Trademark Office (SAPI) and in the Courts and National Courts in Administrative Litigation.

In cases where the Trade-Related Aspects of Intellectual Property Rights (TRIPS) do not establish any specific procedures for filing, obtaining, opposition and monitoring IP rights, the SAPI will continue to apply those contained in the national Industrial Property Law.

With regard to trademarks and geographical indications, the following issues may be concerned:
- Trademark examiners will need to have much broader criteria to determine whether a trademark is registrable or not.
- Renewals of trademark registrations filed within the grace period of six months after expiration should be accepted.
- Recognition of well-known and non-traditional trademarks.
- Recognition of geographical indications.

More information can be seen here. An English translation (by our contributor) of the Official Notice can be found here

Source: Pi360 LEGAL, Venezuela