?? These are the most recent IP Law News ??? (09 / 20 / 2024)

At OlarteMoure, with our allies CPC Oriente and Vertical-i, we have supported our clients in learning how to structure projects to obtain returns on investments in S&T by taking advantage of this mechanism. Following the tax reform at the end of 2022 and the adjustments to the Terms of Reference of the call, this will give companies the possibility of obtaining a return of up to 50% of the investments that are approved as S&T, being able to use that return for the payment of income tax, VAT payments and for the generation of?Tax Refund Titles, TIDIS from its acronym in Spanish, which can be converted into cash.?

We have started the formulation phase of the projects that will be presented as soon as the call for proposals is published, and we are already preparing. We hope to support your companies and that they will benefit as others have done in almost 100 projects supported in recent years.

In February 2024, Glossier, Inc. applied for the extension of its international registration “GLOSSIER” in classes 03 and 35 before the EUIPO. In April 2024, the Office issued a provisional refusal , arguing that “GLOSSIER” is an indicator of the quality of the intended goods.

?Glossier, Inc. responded to the refusal by mentioning that its trademark is a catchy term that does not describe the features of the intended goods, as well as pointing to the existence of prior “GLOSSIER” registrations at the EUIPO. However, the Office maintained the refusal, as “GLOSSIER”, being the comparative of the term “GLOSSY”, does indicate that the goods will make hair softer and shinier. Furthermore, the Office stated that the decision to register a sign is?based on delimited competences and not on previous practices of the Office, so the existence of previous registrations does not imply the?granting of this application. Despite the refusal, Glossier, Inc. can demonstrate that its trademark has acquired distinctiveness through continued use in the market.?

Source .

On September 1, 2024, key amendments to Law No. 20.393 on Corporate Criminal Liability came into effect in Chile, as part of Law No. 21.595 on Economic Crimes. These reforms broaden corporate obligations by making companies criminally liable for economic crimes committed in their name or for their benefit, even if no direct economic gain is obtained.?

Among the most significant changes are the categorization of corporate crimes, the creation of new offenses such as "Environmental Attacks," and the strengthening of penalties. Companies must now enhance their crime prevention models to meet the higher standards required by the new law. Sanctions could include, in extreme cases, the dissolution of the legal entity.?

This new legal framework requires companies to implement effective compliance policies and strengthen their internal measures to mitigate risks, adjusting their models to current legal demands. This represents a shift in the perception of corporate liability, as it positions legal entities as active participants in the commission of crimes, imposing new requirements for their control and criminal risk management.

Source in Spanish.

The Patent Office (DINAPI) has announced that Uruguay will deposit its adhesion to the PCT before the WIPO on October 7, being this the only remaining step towards their formal entry into the Treaty.?

Three months after its deposit, applicants will be able to officially designate Uruguay (UY) during PCT proceedings. That is, as of January 2025 the PCT will start operating in Uruguay, making it the 158th State to integrate the Treaty.