In Argentina, confidential information and trade secrets are protected by Section 39.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, Section 156 of the Argentine Penal Code, Law 24,766 (the Confidentiality Law) and the recently passed Emergency Decree 274/2019, which regulates different unfair competition aspects. This article provides an overview of the Argentine trade secrets legal regime.
The rapid growth in internet use has given rise to conflicts between registered trademark owners and third parties using said marks. For example, search engine advertising systems make it possible to create ads that show products or services to users who are looking for them. Federal Court of Appeals in Civil and Commercial Matters case law provides useful guidance on the use of third-party trademarks as keywords in internet advertising.
Until the approval of Emergency Decree 274/2019 in April 2019, the regulation of unfair competition in Argentina was characterised by a lack of organisation, narrow scope and lack of a general rule for standardising acts of unfair competition. The new decree sets out numerous provisions that are relevant to the IP field, including provisions addressing the regulation of comparative advertising, designations of origin, secrecy, data exclusivity and trademarks.
The protection provided under industrial property law to commercial signs registered with the National Institute of Industrial Property is more effective than that offered by unfair competition law. It is therefore worth questioning whether unfair competition law exercises any function with regard to the protection of registered signs. There may be sectors in which the protection of a rights holder's interest requires the combined use of IP and competition law.
Since the Trademark Law reserves the right to use a trademark for the mark's owner, legal scholars in Argentina have long debated whether the use of trademarks in comparative advertising is permitted. With the recent approval of Emergency Decree 274/2019, legislation has, for the first time, addressed comparative advertising in Argentina in a detailed and systematic manner and established when it is allowed.
The Supreme Court recently had to decide whether the infringer of a registered Community design had to hand over the entire net profit or just a share of profit earned due to its use of an infringed design. The decision has great practical importance, as it gives IP rights holders clear guidelines regarding what to expect when claiming compensation for an unlawful use of their rights.
This article has been removed at the request of the contributing firm.
In Brazil, trade dress protection is supported in several regulations, all under the concept of unfair competition. Trade dress protection has also been widely acknowledged by the courts, and case law has been an important source of its doctrinal foundation. This article looks at trade dress protection in the beverage sector and examines several decisions which have granted such protection for types of beer, vodka and wine.
Ordinance 404 recently came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.
The Department of Intellectual Property Rights has continued its aim of expanding on Cambodia's IP capabilities with the signing of a memorandum of understanding (MoU) with the United States Patent and Trademark Office. Although full details of the MoU have yet to be released, it is possible that the agreement may utilise a combination of legal principles – namely, validation, re-registration and accelerated patent decisions.
In July 2020 Cambodia brought its ever-developing IP protection regime further into line with international standards, with the ratification of the Berne Convention for the Protection of Literary and Artistic Works. With consistent annual gross domestic product growth of more than 8% for the past two decades, Cambodia is one of the fastest-growing economies in the world. This timely ratification of the convention can only increase confidence between Cambodia and the international trading community.