?? These are the most recent IP Law News ??? (10 / 24 / 2024)

The designation of origin is a key concept in intellectual property. It refers to products whose quality, prestige or characteristics are totally or partially related to the geographical environment in which they are produced. Therefore, they take the name of the region from which they derive.?

On October 11, the General Secretary of the Andean Community released the first edition of the List of Designations of Origin of the Andean Community, which includes 52 products originating in the Andean sub-region. So far, Colombia is the country with most designations of origin, with 29, followed by Peru with 11 products with Designation of Origin, Ecuador with 7 and Bolivia with 5.?

Some well-known Designations of Origin belonging to Colombia are: “Café de Colombia”, “Queso del Caquetá” and “Bocadillo Vele?o”, while “Pisco” is one of the most famous in Peru.??

This publication represents an important milestone if we take into account that the designations of origin allow the creation of a space where there is exclusivity in the use of this, which allows the product to have much more value in the international market.?

On September 6, 2024, the Superintendency of Personal Data Protection of Ecuador ("Superintendency") issued its first guide on the registration of special representatives. This regulation requires foreign data controllers and processors that are not based in Ecuador to appoint a special representative domiciled in the country, when they meet the following conditions:

• They offer goods or services to residents in Ecuador??

• They participate in the personal data protection system or??

• They monitor the behavior of individuals within Ecuadorian territory.??

This representative, whether a natural or legal person, will act on behalf of foreign data controllers or processors before judicial and administrative bodies related to personal data protection. In the case of a natural person, the representative must be Ecuadorian or a foreigner with legal residency. If a legal entity is appointed, its corporate purpose must include the capacity to act as an agent.?

With this measure, the Superintendency of Ecuador sets a key precedent in its mission to strengthen the compliance and regulatory framework for personal data protection in Ecuador, solidifying its role as a regulatory authority.?

On?October 10th 2024, the Council of the European Union adopted the Cyber Resilience Act, establishing new cybersecurity requirements for digital products such as cameras, televisions, and connected toys.?

This law aims to ensure the safety of these products before they are marketed, covering their entire lifecycle and supply chain, and requiring the CE marking that certifies compliance with high safety standards. It will come into force 20 days after its publication and will be applicable within 36 months.??

The regulation unifies the requirements for designing, developing, and marketing hardware and software across the EU, avoiding regulatory duplication. Its goal is to strengthen product security and make it easier for consumers to identify safe and reliable options.???

Although it applies only within the EU, it will significantly impact Colombian companies that export digital products to Europe, as they will need to adapt to these new requirements. This could also drive the development of similar cybersecurity regulations in Colombia, enhancing protection for consumers and local businesses against risks associated with connected products.?

As from January 1st, 2025, the 20th edition of the twelfth edition of the Nice Classification, which is available on the website of the World Intellectual Property Organization (WIPO), will enter into force. This update will apply to international applications received by the origin Office on or after January 1st, 2025, and to international applications received by the International Office of WIPO on or after January 01, 2025, when such applications have been received after the two-month period following receipt of the international application by the origin Office. Furthermore, the goods and services descriptions of international registrations whose date is prior to January 01, 2025, shall not be reclassified.

The Madrid Goods and Services Manager, a tool that facilitates the classification of trademarks,?will also be updated to reflect this new version.?

Source.

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