Trademarks and Patents

Transcripción

1 STATISTICS Trademarks and Patents Marcasur, THROUGH ITS LATINESTADISTICAS DIVISION, conducted a survey of patent and trademark offices and leading law firms in nineteen countries of Latin America to gather information on the number of applications filed in 2014, the percentage of national and foreign applicants, the procedures that can be carried out online, and how long it takes for patents and trademarks to be granted. These are the results. In 2014 trademark applications grew by 2.5% in Latin America. The countries with the highest increase were Chile (27.4%), the Dominican Republic (22.1%) and Mexico (10.9%) (member of the Multiple Classs Application System for Marks and Distinctive Signs). A total of 2,698,073 trademark applications were filed between 2010 and At the top of the list, with the greatest number of applications, were Brazil, Mexico, Colombia, and Argentina, the countries with the highest population growth rates. But not all of these registered an increase. Brazil, the most populated nation in the region, the fifth largest in the world with over 200 million inhabitants and the country with the greatest number of intellectual property applications, had 2.4% less trademark applications and 4.1% less patent applications last year. Ecuador is also a peculiar case. Although the number of trademark applications filed in Ecuador fell by 10.7% and the country came in second to last in the list, it saw a 60.4% increase in the number of patent applications, thus securing first place. In all of Latin America, patent applications fell by 2.3% in Of the 19 countries surveyed, 11 decreased and two (Nicaragua and El Salvador) did not provide data. The lowest figure was registered in Bolivia, with -62.7%. This study also revealed that in 2014 national applicants predominated in trademarks and foreign applicants outnumbered nationals in patents. Trademarks The increase in the number of applications for 2014 were secured by Chile (27.4%), the Dominican Republic (22.1%), Mexico (10.9%), Guatemala (8.4%), Colombia (7.5%), Argentina (4.9 percent), and Costa Rica (2.2%). Peru remained stable, and Paraguay, Panama, Uruguay, Nicaragua, Bolivia, Brazil, El Salvador, Honduras, Ecuador, and Venezuela decreased by 2.6% to 16%. The most affected was Venezuela, which in 2014 had the lowest number of trademark applications of the last four years, resulting in a drop of 16%, despite being the seventh nation with the highest number of applications from 2010 to 2014 (118,043) (see Table 1). National and Foreign Applicants In 2014, 312,142 nationals filed trademark applications, outnumbering foreign applicants with 67.2% of all applications. Of the 13 countries that provided data, Honduras had the lowest number of both national applicants (1956) and foreign applicants (4951) (see Graphic 2). Online Procedures Argentina, Brazil, Chile, Colombia, and Ecuador have enabled online trademark registration systems, accessed through the websites of their patent and trademark offices. Others, such as Peru, the Dominican Republic, Mexico, Guatemala, Uruguay, and Costa Rica allow applicants to carry out certain procedures online, including filing the initial application and paying official fees (see Graphic 3). Granting of Trademarks without Opposition In Latin America, the average time for the granting of a trademark that has received no oppositions is 9.2 months, although there are some countries, such as Costa Rica and the Dominican Republic, where there is a three-month limit. The countries that take the longest are Brazil (36 months) and Cuba, where in practice it takes from 15 to 18 months, although Cuban legislation stipulates that trademarks must be granted within one year (see Graphic 4). Globally, the European Union and Spain hold the record times, granting trademarks without opposition within 7.5 months, half of what it takes in China, where the time frame is usually 15 months (see Graphic 5). 16

2 Trademarks Table 1. Trademark Applications in Latin America ( ) COUNTRY Totals by country 2010 a 2014 Percentage of increase or decrease, Chile (*) 31,601 35,911 33,693 33,560 42, , Dominican Republic (*) 7,871 8,632 9,381 8,122 9,919 43, Mexico 87,470 92,671 98, , , , Guatemala 11,224 11,221 10,208 11,200 12,140 55, Colombia 26,713 29,084 31,357 35,555 38, , Argentina 69,565 62,607 60,019 55,177 57, , Costa Rica (*) 11,264 12,218 11,912 11,019 11,257 57, Peru (*) 23,120 24,711 25,295 25,258 25, , Paraguay 22,102 17,492 23,790 25,395 24, , Panama 9,590 11,347 11,847 9,201 8,932 50, Uruguay (*) 5,690 6,312 5,992 6,027 5,834 29, Nicaragua (*) 4,037 5,237 4,615 4,900 4,745 23, Bolivia 5,991 7,229 7,550 8,222 7,928 36, Brazil 129, , , , , , El Salvador 11,253 S/D 8,581 8,775 8,099 36, Honduras 6,088 7,397 6,938 7,608 6,907 34, Ecuador 15,551 13,049 14,378 15,197 13,568 71, Venezuela 21,345 24,213 27,012 24,718 20, , TOTALS 500, , , , ,637 2,698,073 2,5 Notes: * Countries that admit the Multiple Class Application System for Trademarks and Distinctive Signs (in Chile s case goods and services cannot be included in the same application); N/D: No statistical data available. The 2014 figure for Nicaragua is not official. Cuba was consulted but did not provide data. Graphic 1. Growth of Trademark Applications in Latin America, ( ) 574, , , , ,095 Year % The percentage of growth for trademark applications in Latin America from 2010 to LATIN AMERICA

3 Graphic 2. Annual Growth in Trademark Applications in Latin America ( ) , , , , , % 3.8 % 3.6 % 2.50 % Table 2. Trademark Applications in Latin America Filed by National and Foreign Applicants in 2014 Country National (%) Foreign (%) Brazil 127, , Chile 22, , Mexico 79, , Peru 16, , Paraguay 15, , Ecuador 6, , Colombia 20, , Costa Rica 5, , Guatemala 5, , Uruguay 3, , Panama 3, , Bolivia 2, , Honduras 1, , TOTAL 312, , Note: No data could be obtained for Argentina, Cuba, El Salvador, Nicaragua, the Dominican Republic, and Venezuela. 67,2 % The percentage of all trademark applicants in Latin America in 2014 that were nationals. 18

4 Graphic 3. Procedures that Can Be Carried Out Online to Apply for a Trademark in Latin America Number of Online Procedures Carried Out in 2014 FILING THE APPLICATION Brazil, Chile, Ecuador, Argentina, Dominican Republic, Peru Colombia, Mexico, Guatemala, Uruguay, NOTICE OF FINAL DECISION FILING THE POWER OF ATTORNEY ONLINE PROCEDURE FILING THE PRIORITY CLAIM PAYMENT OF OFFICIAL FEES Brazil, Chile, Ecuador, Argentina, Peru, Colombia, Dominican Republic, Uruguay Costa Rica, Mexico y Guatemala Brazil 146,693 Chile 35,029 Ecuador 11,809 Argentina N/D D. Republic N/D Peru 364 Colombia N/D Mexico 151,63 Guatemala 5,963 Costa Rica N/D Uruguay N/D RESPONSE NOTICE OF EXAMINATION Note: Honduras, Panama, Cuba, El Salvador, Paraguay, Nicaragua, Bolivia and Venezuela do not allow any online procedures for trademark applications. N/D: No statistical data available. Graphic 4. Average Times for Granting a Trademark without Opposition in Latin America in 2014 (in months) Graphic 5. Average Times for Granting a Trademark without Opposition around the World (in months) Costa Rica 3 Dominican Republic 3 Honduras 5 Mexico 4.5 Chile 6.4 Colombia 6.5 El Salvador 8 Guatemala 6.5 Panamá 8 Peru 8 Uruguay 8 Ecuador 9 European Union 7.5 Spain 7.5 Latin America 9.2 United States 10.5 China 15 Nicaragua 12 Argentina 12 Cuba 16.5 Venezuela 12 Paraguay 12.5 Brazil 36 Average time 9.2 Months Note: No data was available for Bolivia. LATIN AMERICA

5 Patents From 2013 to 2014, the number of patent applications filed in Latin America dropped by -2.3% (see Table 3). Brazil, Honduras, Argentina, Colombia, Uruguay, Costa Rica, the Dominican Republic, Venezuela, Paraguay, Peru, and Bolivia decreased by 2.4% to 62.7%. A peculiar situation: In Venezuela, the Autonomous Intellectual Property Service (SAPI) receives patent applications and processes them up to the patentability examination stage, but then leaves them pending. It has not granted a single patent since Although Panama had one of the lowest demand levels last year (with only 287 patent applications), this Central American nation grew by 35.4% and came in second among the countries that were strengthened in 2014, behind Ecuador, which almost doubled it with a 60.4% increase. Next on the list are Guatemala (18.4%), Chile (7.3%), and Mexico (4.5%). Chile and Mexico were also among the countries with the greatest number of patent applications filed between 2010 and 2014, along with Brazil, Argentina, and Colombia. National and Foreign Applications In 2014, 50,273 foreign applicants filed patent applications in Latin America, accounting for 83.5 percent of all applicants (see Table 5). Of the 13 countries that provided data, Brazil (with 25,787) and Honduras (with 227) were the countries that received the most and the least applications, respectively, from foreign applicants. According to the information provided, Guatemala was the only country with no patent applications filed by nationals in Online Procedures Brazil, Colombia, Ecuador, and Uruguay are the only countries that provide the possibility of filing patent applications online, through their offices websites. Others, such as Chile, Costa Rica, the Dominican Republic, and Mexico offer some procedures online, including payment of official fees (all except Chile), filing the application, and furnishing other documents (see Graphic 7). There are some countries, like Peru, that only admit querying, performing decision searches, and scheduling appointments to consult records. Granting Patents The average time it takes for a patent to be granted in Latin America is 4.3 years (see Graphic 8). The fastest countries are Nicaragua (1.6) and Colombia (1.8), almost nine years less than Uruguay (10) and Brazil (10.4). Among the countries researched the United States si the countries that takes the least time to grant a patent (2.5 years), followed by China (3.5). The European Union and Spain come in after Latin America, with a waiting time of 4.5 years (see Graphic 9). Table 3. Patent Applications in Latin America ( ) COUNTRY Totals by Country Percentage of Increase or Decrease Ecuador , Panama , Chile 1,653 3,381 3,019 3,076 3,643 14, Guatemala , Mexico 18,726 18,785 15,314 15,444 16,135 84, Brazil 28,052 31,924 33,395 33,989 33, , Honduras , Argentina 4,935 4,959 4,994 4,960 4,673 24, Colombia 2,507 2,626 2,687 2,684 2,357 12, Uruguay , Costa Rica , Dominican Republic , Venezuela 2,120 1,804 2,061 2,009 1,602 9, Paraguay , Peru 295 1,168 1,734 1,905 1,287 6, Bolivia , Nicaragua N/D 803 N/D El Salvador N/D 1,162 N/D TOTALS 64,102 69,744 68,215 68,763 66, , Note: N/D: No statistical data available. Cuba was consulted but did not provide data. 20

6 Table 4. Patent Applications in Latin America Filed in 2014 under the International Patent System (PCT) Graphic 6. Patent Applications in Latin America ( ) Country 2014 Brazil 22,695 Mexico 12,409 Chile 2,474 Colombia 1,829 Ecuador 681 Costa Rica 506 Guatemala 279 Dominican Republic 254 Panama 247 Honduras 227 Totals 41,601 Note: Argentina, Bolivia, Cuba, El Salvador, Paraguay, Peru, Nicaragua, Uruguay, and Venezuela are not part of the International Patent System (PCT) Year Table 5. Patent Applications in Latin America Filed by National and Foreign Applicants ( ) Country Foreign % National % Guatemala Ecuador Dominican Republic Paraguay Panama Costa Rica Peru 1, Honduras Mexico 14, , Uruguay Chile 3, Colombia 1, Brazil 25, , Total 50, , Note: No data could be obtained for Argentina, Cuba, El Salvador, Bolivia, and Venezuela. LATIN AMERICA

7 Graphic 7. Procedures that Can Be Conducted Online to Apply for a Patent in Latin America FILING OF APPLICATION Brazil, Chile, Ecuador, Dominican Republic,. FILING OF OTHER DOCUMENTS ONLINE PROCEDURE PAYMENT OF OFFICIAL FEES Dominican Republic, Colombia, Mexico, Uruguay, Costa Rica Graphic 9. Average Times for the Granting of Patents Around the World (years) United States 2.5 China 3.5 Spain 2.5 Latin America 4.3 RESPONSE TO NOTICE European Union 4.5 NOTICE OF REPORT RESPONSE TO REPORT Note: In Spain a patent can be granted in just 12 months if the application is filed under an express procedure. Note: Argentina, Bolivia, Cuba, El Salvador, Guatemala, Honduras, Panama, Paraguay, Peru, and Venezuela do not allow any procedures through the websites of their patent and trademark offices. Graphic 8. Average Times for the Granting of Patents in Latin America Nicaragua 1.6 Guatemala 2.5 Panama 3 Peru 3 Brazil 10.4 Ecuador 3 Mexico 3 Bolivia 3 Honduras 3 Costa Rica 4.5 Paraguay 7.5 Chile 4.4 Argentina 4 Uruguay 10 Average time 4.3 Years Colombia 1.8 Dominican Republic 4.5 Sources Consulted Argentina: Claudia Serritelli and Paula Galván (Estudio Chaloupka). Bolivia: Wolfgang L. Ohnes (Orpan). Brazil: Bruno Rohde (National Industrial Property Institute). Chile: National Institute of Industrial Property / Marcos Morales (Alessandri Abogados) China: Gordiano Casas (Unitalen Attorneys at Law). Colombia: Luis Antonio Silva Rubio (Superintendency of Industry and Commerce). Costa Rica: Silvia Monge Quesada (National Registry of the Republic of Costa Rica). Cuba: Yordanka Ramírez Pastor (Claim). Dominican Republic: Ana Paula Campusano and Sharin Pablo (J. J. Roca & Asociados). Ecuador: Adriana Hidalgo (Ecuadorian Intellectual Property Institute) / Esteban Riofrío (Barzallo & Barzallo Abogados). El Salvador: Edy Guadalupe Portal and Annette Herrera (Portal & Asociados) / Marcela Mancía (Romero Pineda & Asociados). Guatemala: Marina Girons (Intellectual Property Registry). Honduras: Marvin Yovanni Silva Andino (General Intellectual Property Office). Mexico: Mexican Institute of Industrial Property Nicaragua: Mayra Navarrete Crovetto (García Bodán) and Julián J. Bendaña Aragón (Guy José Bendaña - Guerrero & Asociados). Panama: Leonardo Uribe (General Industrial Property Registry Office). Paraguay: Lorena Mersan (Mersan Abogados). Peru: Virginia Delion (Estudio Delion) Spain: Carlos González (Abril Abogados) United States: Yadira Rosario Rivera and Yolisamar Vásquez Delgado (Ferraiuoli LLC). Uruguay: Nation Industrial Property Office Venezuela: Adolfo López Moreno (Ayala & López Abogados). Note: No data could be obtained for El Salvador and Cuba. In Venezuela there is an indefinite waiting time. 22