August 21, 2024
Intellectual Property & Data Protection Newsletter - July 2024
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Read the second edition of the Intellectual Property & Data Protection Newsletter, a publication from Tauil & Chequer Advogados in association with Mayer Brown. In this edition, Partner Cristiane Manzueto, along with associate Ana Leticia Allevato, present the latest legal developments in Intellectual Property and Data Protection across the Latin American region.
Intellectual Property
- Argentina Participates in WIPO Member State Assemblies: Argentina took part in the World Intellectual Property Organization (WIPO) Member State Assemblies, emphasizing its commitment to international cooperation in the realm of intellectual property.
- New Fee for Trademark Opposition Process Aims to Unburden the INPI: Argentina's National Institute of Industrial Property (INPI) has issued Resolution P-295/2024, introducing a new fee for applicants involved in the administrative resolution of trademark oppositions. The resolution aims to streamline the process by requiring applicants to pay within 15 business days, or face automatic denial of their registration.
- Civil and Commercial Chamber Reverses INPI’s Trademark Non-Use Cancellation Ruling: The Civil and Commercial Chamber of Argentina has overturned a previous decision by INPI regarding the expiration of the “AGRICUPON” trademark. The court found that the trademark owner failed to provide evidence of its use, leading to the reversal of INPI’s ruling.
Data Protection and Technology
- AAIP Shares Global Study Results on Web Design and Privacy: The Agency for Access to Public Information (AAIP) shared findings from a global study on website designs and their impact on user privacy, highlighting best practices and areas for improvement.
- Creation of the Artificial Intelligence Unit for Security: Argentina has established the Artificial Intelligence Applied Security Unit, aiming to leverage AI technologies to enhance national security measures.
Intellectual Property
- Brazil Joins Global Patent Prosecution Highway: Brazil has become part of the Global Patent Prosecution Highway, an international initiative aimed at expediting patent examinations and fostering global collaboration in intellectual property.
Data Protection and Technology
- ANPD Releases Guidelines for Data Protection Officers: The National Data Protection Authority (ANPD) has published new regulations detailing the guidelines and responsibilities of data protection officers, strengthening the legal framework for data privacy in Brazil.
- Brazilian AI Plan Approved by CCT: The Brazilian Science and Technology Council (CCT) has approved the national Artificial Intelligence Plan, which aims to position Brazil as a global leader in AI innovation by fostering research, development, and the ethical use of AI technologies across various sectors.
Data Protection and Technology
- Over 37 Million Connections Made in Public Digital Access Spaces: The Ministry of Transport and Communications reported that more than 37 million connections were made in public digital access spaces in 2024, reflecting significant progress in digital inclusion.
- BCR's Digital Currency Pilot to Reach Half a Million Peruvians: The Central Reserve Bank (BCR) of Peru announced a pilot program to introduce digital currency to approximately 500,000 Peruvians, aiming to modernize the financial system.
- Launch of Artificial Intelligence Platform in Peru: Peru’s government has launched the “Inteligencia Artificial en Perú” platform to inform citizens about AI advancements and promote ethical, inclusive, and sustainable AI use. The platform includes links to strategies and recommendations, reinforcing Peru’s commitment to responsible AI development.
Data Protection and Technology
- Government Publishes Law Declaring Internet as a Public Service: Chile's government has enacted a law that officially recognizes the internet as a public service, aiming to ensure broader and equitable access for all citizens.
- CMF Approves Regulation for Open Finance System Under Fintech Law: The Chilean Financial Market Commission (CMF) has approved a regulation for the Open Finance System, a key component of the Fintech Law (No. 21.521). This regulation aims to encourage competition, innovation, and financial inclusion by allowing users to securely share their financial data to access better services and conditions.
Data Protection and Technology
- SEGIB and RIPD Sign Agreement to Advance Data Protection: The Ibero-American General Secretariat (SEGIB) and the Ibero-American Data Protection Network (RIPD) have signed an agreement to bolster data protection efforts across the region.
- Minimal Impact in Colombia After Global System Failure: The Ministry of Information Technologies and Communications reported minimal disruptions in Colombia following a global systems failure, showcasing the resilience of the nation's digital infrastructure.
- Autonomy in Pharmaceutical Law Discussed: Colombia is deliberating the Pharmaceutical Autonomy Law, which aims to strengthen the nation's capacity for producing essential medicines and reduce dependency on imports.
Data Protection and Technology
- Cybercrime Emerges as Main Threat to Financial Sector: A recent report identifies cybercrime as the primary threat to Mexico's financial sector, urging institutions to bolster their cybersecurity measures.
- Mexican Senate to Review Bill on Neurotechnology and Neurorights: The Mexican Senate is set to review a groundbreaking bill aimed at regulating neurotechnology and safeguarding neurorights. This legislation seeks to protect the mental privacy, identity, and free will of individuals in the face of advancing neurotechnological innovations.
Data Protection and Technology
- Law to Regulate Digital Apps Approved: The Uruguayan parliament approved a bill regulating digital applications, aiming to protect user rights and ensure fair competition in the digital marketplace.
- AGESIC’s Recommendations for AI Regulation Released: Uruguay’s government has issued recommendations for AI regulation, emphasizing the need to review existing laws, promote equitable AI use, and strengthen digital sovereignty. The guidelines also call for developing technical protocols, encouraging public discussions, and regularly updating regulatory measures.
Intellectual Property
- DINAPI Launches Campaign Against Online Piracy: The National Directorate of Intellectual Property (DINAPI) has initiated a campaign to combat online piracy, emphasizing the economic and cultural impacts of intellectual property violations.
Data Protection and Technology
- ECLAC Highlights Paraguay's Potential in Artificial Intelligence: The Economic Commission for Latin America and the Caribbean (ECLAC) acknowledged Paraguay's challenges and potential for growth in the field of artificial intelligence, urging strategic investments and policy developments.
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