Frequently Asked Questions
Do you have doubts regarding the legal operation according to the different countries in Latin America?
Here are some answers that may help you understand more.
Here are some answers that may help you understand more.
Which countries are members of the Andean Community of Nations?
Bolivia, Colombia, Ecuador and Peru
What countries of Latin America and the Caribbean are signatories of the Hague Convention on Apostille?
Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Chile, Colombia, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay and Venezuela
Source: Hague Apostille Member Countries (internationalapostille.com)
What countries of Latin America and the Caribbean are signatories of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks?
Antigua and Barbuda, Argentina, Barbados, Cuba, Dominica, Jamaica, Mexico, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Suriname, Trinidad and Tobago & Uruguay
Source: WIPO Lex
What countries of Latin America and the Caribbean are signatories of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications?
Costa Rica, Nicaragua and Peru
Trademark coexistence agreements are allowed in Peru?
The appeals court of the Peruvian Patents and Trademarks Office has determined that coexistence agreements may contain clauses expressing the will of the parties, like limits to their trade in some territories, the range of goods that will be marketed or how the products will be branded, to name a few. However, for validity, those agreement must set the measures and limits to reduce the risk of confusion by the consumer.
Can a single trademark application be filed and cover all the countries in Latin America and the Caribbean?
Intellectual property rights are strictly territorial throughout the region and trademark applications are to be filed in each country. Although we all share Spanish, there are different legal systems in each jurisdiction.
Which countries in Latin America are members of the Andean Community of Nations?
Bolivia, Colombia, Ecuador and Peru are members of the Andean Community of Nations economic block and in terms of intellectual property it is important to know that all of the member countries apply as supranational regulation for patents and trademarks, the Decision 486.
Can a trademark obtain a notorious status within the Andean Community of Nations?
Article 224 of Decision 486 allows the notorious status of a trademark as long as it is recognized as such in another member nation of the Andean Community of Nations.
Are there non use cancellation actions for trademarks throughout Latin America?
Trademarks can be subject to cancellation for non use and the lack of use to file varies according to each jurisdiction: two years in Venezuela; three years in Bolivia, Colombia, Cuba, Ecuador, Honduras, Mexico, Nicaragua, Peru and the Dominican Republic; and five years for Argentina, Brazil, Chile, Costa Rica, El Salvador, Guatemala, Panama, Paraguay, Puerto Rico and Uruguay.
Which Latin American countries have scored well protecting intellectual property?
According to the U.S. Chamber International IP Index 2022, Overall Scores, Key Findings: “…45 economies saw a net improvement in their scores… Peru had the largest improvement in score at 2.76%.”