?? The most recent IP Law News ??? (12 / 06 / 2024)

In recent months, the Superintendence of Companies has imposed five sanctions for non-compliance with the SAGRILAFT and Business Transparency and Ethics Program (PTEE) regulations.

One of the main violations identified was the failure to fulfill the responsibilities assigned to the highest governing body, the legal representative, and the compliance officer.

In a sanction exceeding 40 million Colombian pesos (COP $40,000,000) imposed on a multinational mining company, the Superintendence determined that the PTEE cannot be considered tacitly approved. It must receive explicit approval from the highest corporate body within the timeline set by the regulations.

Additionally, the Superintendence has emphasized, through various sanctions, the importance of companies adequately identifying corruption and transnational bribery risks, tailored to their size, structure, countries of operation, and specific activities. Under no circumstances is it acceptable to implement a generic PTEE applicable to all obligated entities.

Finally, an important precedent was set for the retail sector when a company was fined more than 50 million Colombian pesos (COP $50,000,000) for failing to conduct due diligence in the handling of cash. According to SAGRILAFT regulations, companies must regulate this handling in accordance with the characteristics of their business, and any self-regulation measures must be followed to avoid sanctions of this magnitude.

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Brazil's Trademark Office (INPI) will allow advertising expressions/slogans to be registered as trademarks, marking a significant change in the intellectual property framework of the country. The decision, announced in November 2024, brings Brazil in line with global practices.

Historically, Brazilian law allowed the registration of advertising expressions/slogans, as established by the Industrial Property Code of 1973. However, the Industrial Property Law of 1996 prohibited the registration of signs used exclusively for advertising purposes, and this prohibition led to a ban on the registration of slogans.

With this new policy, the registration of such expressions is allowed again, but the INPI will have the power to refuse a registration when the slogan does not comply with the distinctiveness requirement, that is, when it consists of an expression of common use in the market, is purely descriptive, comparative, promotional, flattering, or lacking in originality.

This change will provide trademark owners with a more solid basis to defend and strengthen their portfolio of intangible assets.

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On November 22nd, 2024, WIPO member states approved the Riyadh Design Law Treaty, aiming to simplify and reduce the costs of international industrial design protection. This treaty introduces clear rules for registration, allows multiple designs to be included in one application, and establishes flexible measures to prevent the loss of rights.

The treaty also seeks to protect traditional knowledge related to designs, encourage international cooperation, and achieve greater harmonization of design regulations. It is a key tool for creative industries, promoting both innovation and respect for cultural diversity. The treaty will enter into force when at least 15 contracting states ratify it.