TRADEMARKS
   
SUBJECT TRIPS NAFTA CENTRAL AMERICAN CONVENTION ON INDUSTRIAL PROPERTY AND THE PROTOCOL TO THIS CONVENTION (SIGNED ON NOVEMBER 30, 1994) DECISION 344 OF THE ANDEAN PACT PROTOCOL FOR HARMONIZATION ON INTELLECTUAL PROPERTY IN THE MERCOSUL (SIGNED IN AUGUST 1995)
PROTECTABLE SUBJECT MATTER MEMBERS MAY REQUIRE THAT SIGNS BE VISUALLY PERCEPTIBLE AS IN TRIPS IN THE CONVENTION, SIGNS, WORDS AND ALL GRAPHICAL OR MATERIAL MEANS CAPABLE OF DISTINGUISHING PRODUCTS OR SERVICES ARE REGISTRABLE. THE PROTOCOL USED AN EXTENSIVE LIST WHICH IN THE END IS NARROWER THAN IN THE CONVENTION. PERCEPTIBLE SIGNS THAT MAY BE GRAPHICALLY REPRESENTED ARE REGISTRABLE AS IN TRIPS
REGISTRATION MAY DEPEND ON USE BUT SHALL NOT BE A CONDITION FOR FILING AS IN TRIPS THE CONVENTION DOES NOT REQUIRE REGISTRATION BUT FOR CHEMICAL AND PHARMACEUTICAL PRODUCTS MAINLY (ART.8). HOWEVER, PROPERTY RIGHTS CAN ONLY BE ACQUIRED THROUGH REGISTRATION (ART,17). UNDER THE PROTOCOL PRIOR USE FOR AT LEAST 3 MONTHS ORIGINATES PRIOR RIGHTS (ART. 5, a) REGISTRATION IS REQUIRED AND IS NOT DEPENDENT ON USE PRIOR USE FOR AT LEAST 6 MONTHS MAY ORIGINATE RIGHTS BUT REGISTRATION IS REQUIRED FOR ENFORCEMENT (ART. 8).
RIGHTS CONFERRED TRADITIONAL TEST OF LIKELIHOOD OF CONFUSION AS IN TRIPS THE CONVENTION REQUIRES LIKELIHOOD OF CONFUSION. THE PROTOCOL GRANTS PROTECTION AGAINST UNDUE ASSOCIATIONS WITH MARKS COVERING NOT SIMILAR GOODS OR SERVICES AND THE TAKING OF UNDUE ADVANTAGE OF THE MARK'S REPUTATION (ART. 26 e AND f). PROTECTION EXPRESSLY EXTENDED TO THE POSSIBILITY OF CAUSING ECONOMIC OR COMMERCIAL HARM TO THE TRADEMARK OWNER OR DILUTION OF THE TRADEMARK (ART. 104, d). AS IN THE PROTOCOL TO THE CENTRAL AMERICAN CONVENTION (ART. 11).
TERM OF PROTECTION NO LESS THAN SEVEN YEARS NO LESS THAN TEN YEARS TEN YEARS TEN YEARS TEN YEARS
WELL-KNOWN MARK EXTENDED THE PROTECTION OF ARTICLE 6 BIS OF THE PARIS CONVENTION TO NOT SIMILAR GOODS OR SERVICES PROVIDED THAT THE INTERESTS OF THE OWNER OF THE REGISTERED MARK ARE LIKELY TO BE DAMAGED AND CONFINED THE REQUIRED KNOWLEDGE OF THE MARK TO THE RELEVANT SECTOR OF THE PUBLIC. EXTENDED THE PROTECTION OF ARTICLE 6 BIS OF THE PARIS CONVENTION TO SERVICES THE CONVENTION CONTAINS NO SPECIFIC PROVISION ON THIS SUBJECT. THE PROTOCOL EXTENDED THE PROTECTION OF TRIPS BY PROHIBITING THE TAKING OF UNFAIR ADVANTAGE OF THE NOTORIETY, DEFINED AS THE KNOWLEDGE OF THE MARK IN THE RELEVANT SECTOR OF THE PUBLIC OR IN ENTREPRENEUR'S CIRCLES OR IN INTERNATIONAL TRADE. EXTENDED THE PROTECTION OF ARTICLE 6 BIS OF THE PARIS CONVENTION TO NOT SIMILAR GOODS OR SERVICES WITHOUT THE NEED TO SHOW CONFUSION OR ASSOCIATION IN CASE OF REPRODUCTION, IMITATION OR TRANSLATION. REQUIRED THE POSSIBILITY OF CONFUSION ONLY IN CASES OF MERE RESEMBLANCE. EXTENDED THE PROTECTION OF ARTICLE 6 BIS AS IN TRIPS. BESIDES, FORBIDED THE REGISTRATION OF A MARK CAPABLE OF CAUSING A MERE ASSOCIATION WITH A MARK WHICH THE APPLICANT COULD NOT MISKNOW AS BELONGING TO AN OWNER ESTABLISHED OR DOMICILED IN ANY MEMBER STATE (ARTICLE 9, PARAGRAPH 4).
CERTIFICATION AND COLLECTIVE MARKS ONLY CONTAINS A PROVISION FOR COLLECTIVE MARKS (IN THE PARIS CONVENTION) BUT EMBRACING BOTH CONCEPTS THE DEFINITION OF MARKS OF INDUSTRY AND COMMERCE EXPRESSLY EMBRACED THE CERTIFICATION AND COLLECTIVE MARKS AS IN TRIPS FOR THE CONVENTION. THE PROTOCOL CONTAINS VERY SPECIFIC PROVISIONS FOR THE PROTECTION OF BOTH TYPES OF TRADEMARK. CERTIFICATION MARKS MAY ONLY BE ASSIGNED WITH THE BUSINESS TO WHICH THE TRADEMARK BELONGS (ART. 58,2). AS IN TRIPS MEMBERS SHALL PROTECT COLLECTIVE MARKS AND MAY PROTECT CERTIFICATION MARKS
REGISTRATION OF INDICATIONS OF SOURCE AND APPELLATIONS OF ORIGIN AS A MARK ONLY PROHIBITS THE REGISTRATION OF THE MISLEADING GEOGRAPHICAL INDICATIONS AS IN TRIPS MAY BE REGISTERED ONLY AS A COLLECTIVE MARK UNDER THE CONVENTION (ART. 10N). THE PROTOCOL DOES NOT CONTAIN A SIMILAR PROVISION BUT PROVIDED FOR THE REGISTRATION OF APPELLATIONS OF ORIGIN AS SUCH (ART. 73) AS IN TRIPS REGISTRATION PROHIBITED
REQUIREMENT OF USE REGISTRATION MAY BE CANCELED ONLY AFTER AT LEAST THREE YEARS OF NON-USE REGISTRATION MAY BE CANCELED AFTER TWO YEARS OF NON-USE CONTAINS NO PROVISION SPECIFYING A PERIOD FOR THE CANCELLATION OF A REGISTRATION FOR NON-USE. THE PROTOCOL PROVIDED FOR CANCELLATION AFTER FIVE YEARS OF NON-USE (ART. 39). REGISTRATION MAY BE CANCELED AFTER THREE YEARS OF NON-USE REGISTRATION MAY BE CANCELED ONLY AFTER FIVE YEARS OF NON-USE
OTHER REQUIREMENTS TRADEMARK USE SHALL NOT BE UNJUSTIFIABLY ENCUMBERED BY SPECIAL REQUIREMENTS SUCH AS OF FORM, USE WITH ANOTHER TRADEMARK OR IN A MANNER DETRIMENTAL TO ITS CAPABILITY TO DISTINGUISH THE GOODS OR SERVICES. AS IN TRIPS CONTAINS NO EQUIVALENT PROVISION CONTAINS NO EQUIVALENT PROVISION CONTAINS NO EQUIVALENT PROVISION
PARALLEL IMPORTATION FOOTNOTE 13 IN ARTICLE 51 CLARIFIES THAT MEMBERS SHALL NOT BE OBLIGED TO PROHIBIT IT. CONTAINS NO SPECIAL PROVISION ON THIS SUBJECT. THE CONVENTION MERELY STATES THAT IMPORTATION OF PRODUCTS BEARING THE MARK CAN BE STOPPED (ART. 26, C). THE PROTOCOL EXPRESSLY ALLOWS IT. ALLOWS IT. ALLOWS IT.
 
GEOGRAPHICAL INDICATIONS
   
SUBJECT TRIPS NAFTA CENTRAL AMERICAN CONVENTION ON INDUSTRIAL PROPERTY AND THE PROTOCOL TO THIS CONVENTION (SIGNED ON NOVEMBER 30, 1994) DECISION 344 OF THE ANDEAN PACT PROTOCOL FOR HARMONIZATION ON INTELLECTUAL PROPERTY IN THE MERCOSUL (SIGNED IN AUGUST 1995)
GEOGRAPHICAL INDICATION THE DEFINITION USED COVERS ONLY THE APPELLATIONS OF ORIGIN (ART. 22) CONTAINS NO DEFINITION BUT THE PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION REACHES BOTH INDICATIONS OF SOURCE AND APPELLATIONS OF ORIGIN. THE CONVENTION DOES NOT REFER TO THIS TERM. THE PROTOCOL USES A BROAD DEFINITION WHICH COVERS INDICATIONS OF SOURCE AND APPELLATIONS OF ORIGIN. REGISTRATION OF A MISLEADING GEOGRAPHICAL INDICATION AS A MARK IS PROHIBITED (ART. 82,i), NO DEFINITION BEING PROVIDED FOR. CONTAINS NO SPECIFIC PROVISION ON THIS SUBJECT.
INDICATION OF SOURCE PROTECTED UNDER THE PARIS CONVENTION IS PROTECTED IS EXPRESSLY PROTECTED UNDER THE CONVENTION AND IS PROTECTED IN THE PROTOCOL UNDER THE TERM GEOGRAPHICAL INDICATION. REGISTRATION OF A MISLEADING INDICATION OF SOURCE AS A MARK IS PROHIBITED (ART. 82, d and i). ONLY WELL-KNOWN INDICATIONS OF SOURCE ARE PROTECTED. THE TERM IS DEFINED AS THE GEOGRAPHICAL NAME OF A COUNTRY, CITY, REGION, OR LOCALITY OF ITS TERRITORY WHICH IS KNOWN AS A CENTER OF EXTRACTION PRODUCTION OR MANUFACTURE OF A CERTAIN PRODUCT OR SERVICE.
APPELLATION OF ORIGIN IS PROTECTED. THE TERM GEOGRAPHICAL INDICATION IS USED TO DESIGNATE APPELLATIONS OF ORIGIN. YES. CONTAINS A REFERENCE TO ARTICLE 10BIS (UNFAIR COMPETITION) OF THE PARIS CONVENTION. IS EXPRESSLY PROTECTED IN BOTH THE CONVENTION AND THE PROTOCOL. IS PROTECTED (ART. 130). IS PROTECTED.
REGISTRATION NO NO THE PROTOCOL PROVIDES FOR THE REGISTRATION OF APPELLATIONS OF ORIGIN AS SUCH (ART. 73) FOR AN INDEFINITE PERIOD OF VALIDITY (ART. 78). REQUIRED FOR APPELLATIONS OF ORIGIN AS SUCH (ART. 131 AND 134). THE TERM IS OF TEN YEARS, RENEWABLE FOR EQUAL PERIODS (ART. 139). NO
RIGHTS CONFERRED TO PREVENT THE MISLEADING USE OR REGISTRATION OF "GEOGRAPHICAL INDICATIONS" AND ANY USE WHICH CONSTITUTES AN ACT OF UNFAIR COMPETITION. GEOGRAPHICAL INDICATIONS FOR WINES AND SPIRITS ARE PROTECTED EVEN WHEN THE TRUE ORIGIN OF THE GOODS FROM DIFFERENT SOURCES IS INDICATED OR THE GEOGRAPHICAL INDICATION TRANSLATED OR ACCOMPANIED BY EXPRESSION SUCH AS KIND, TYPE, STYLE, IMITATION OR THE LIKE. AS IN TRIPS BUT FOR WINES AND SPIRITS. THE CONVENTION PROHIBITS THE MISLEADING USE (ART. 76) AND REGISTRATION (ART. 10, N) OF A MISLEADING INDICATION OF SOURCE AND APPELLATION OF ORIGIN AS A MARK. THE PROTOCOL ALSO PROHIBITS THE MISLEADING USE (ART. 70) OR REGISTRATION AS A MARK (ART. 4,2) OF THE MISLEADING GEOGRAPHICAL INDICATIONS. THE DECLARATION (THE REGISTRATION) GRANTS THE EXCLUSIVE RIGHT TO USE THE APPELLATION OF ORIGIN (ART. 136). THE REGISTRATION OF A MISLEADING GEOGRAPHICAL INDICATION AS A MARK IS PROHIBITED. NOT DEFINED.
 
TRADE SECRETS
   
SUBJECT TRIPS NAFTA DECISION 344 OF THE ANDEAN PACT
PROTECTABLE SUBJECT MATTER SECRET INFORMATION WHICH HAS COMMERCIAL VALUE AND HAS BEEN SUBJECT TO REASONABLE STEPS TO BE KEPT IN SECRET. AS IN TRIPS AS IN TRIPS (ART. 72)
THIRD PARTIES IN GOOD FAITH PROTECTION DOES NOT REACH THIRD PARTIES IN GOOD FAITH. THE WORDS "IN A MANNER CONTRARY TO HONEST COMMERCIAL PRACTICES" ARE DEFINED TO REACH "THIRD PARTIES WHO KNEW OR WERE GROSSLY NEGLIGENT IN FAILING TO KNOW", THAT IMPROPER MEANS WERE ORIGINALLY INVOLVED IN THE OBTENTION OF THE INFORMATION. IT IS NOT SAID WHETHER THE SAME REQUIREMENT AS IN TRIPS THAT THE THIRD PARTY ACTS "IN A MANNER CONTRARY TO HONEST COMMERCIAL PRACTICES" SHALL INCLUDE THE THIRD PARTY IN GOOD FAITH AFTER THIS THIRD PARTY KNOWS THAT THE INFORMATION WAS ORIGINALLY IMPROPERLY OBTAINED. AS IN NAFTA
GOVERNMENTAL APPROVAL OF PHARMACEUTICAL OR AGRICULTURAL CHEMICAL PRODUCTS WHICH UTILIZE NEW CHEMICAL ENTITIES PROTECTS THE UNDISCLOSED DATA SUBMITTED TO THE GOVERNMENT FROM UNFAIR COMMERCIAL USE OR DISCLOSURE. AS IN TRIPS. ALSO PROHIBITS FOR NO LESS THAN FIVE YEARS, THAT A THIRD PARTY RELY ON SUCH DATA IN SUPPORT OF AN APPLICATION FOR PRODUCT APPROVAL. AS IN NAFTA
LICENSING OF TRADE SECRETS DOES NOT COVER THE LICENSING OF TRADE SECRETS PROHIBITS THE IMPOSITION OF EXCESSIVE OR DISCRIMINATORY CONDITIONS ON LICENSES OF TRADE SECRETS OR CONDITIONS THAT DILUTE THE VALUE OF THE TRADE SECRET. EXPRESSLY PERMITS THE LICENSING OF TRADE SECRETS AND THE INCLUSION OF CONFIDENTIALITY CLAUSES IN THE LICENSE.
 
  OBS.: THE CENTRAL AMERICAN CONVENTION ON INDUSTRIAL PROPERTY AND THE PROTOCOL TO THIS CONVENTION AND THE PROTOCOL FOR HARMONIZATION ON INTELLECTUAL PROPERTY IN THE MERCOSUL DO NOT COVER TRADE SECRET PROTECTION.
 
 

Volta

  
 

Veja este documento em PDF