Europe Office Update: IP Finally Factored into Brexit Negotiations, Reports from Europe-Wide Events

On February 28, 2018, the INTA Latin America & the Caribbean Representative Office, on the initiative of the Famous and Well-Known Marks Subcommittee Chair, Nidia Osorio (BM Abogados, Colombia), hosted a very productive workshop in BogotÁ, Colombia. The chief purpose of the workshop was to discuss brand restrictions, big data, and trademark dilution issues by integrating the perspectives of both in-house counsels from top Colombian companies in various sectors-such as pharmaceuticals, foodstuffs, machinery, and beverages-and officials of the Colombia Superintendence of Industry and Commerce (SIC).

During the workshop, attendees learned about the experience of the Colombian Coffee Growers Federation regarding its relentless fight against the use of “Colombian” as a generic name for coffee, in violation of the standards for geographical indications, as well as hundreds of oppositions, legal actions, and trademark applications filed in more than 70 countries by Colombina S.A., one of the most recognized brand owners in Colombia, in order to protect its confectionery brands-one of the company’s most valuable assets.

During her presentation, the SIC Deputy Superintendent for Industrial Property, Mónica Ramírez, detailed what Colombian law (Andean Decision 486 of 2000) requires to declare the loss of distinctiveness of registered marks and how the law protects well-known mark owners.

The workshop also offered a perfect opportunity to discuss the current state of protection for well-known marks versus brand restriction regulations in Colombia. According to the national authorities in attendance, consumers have the right to be sufficiently informed and free to choose what to consume or not consume; therefore, any regulation in Colombia should take these rights into consideration.

INTA’s Latin America & the Caribbean Representative Office, based in Santiago, Chile, represents the Association’s 821 members across the region. Working in collaboration with staff at INTA’s headquarters in New York City, the Latin America & the Caribbean Representative Office leads the Association’s policy, membership, marketing, and communications initiatives throughout this region. To learn more about INTA’s activities in Latin America and the Caribbean, please contact INTA Chief Representative Officer of the Latin America & the Caribbean Office José Luis Londoño at [email protected].

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.