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The recently published Portuguese Industrial Property Code (CPI), will enter into force this July 1st, 2019 – with exception of the articles related to Trade Secret Protection, which have entered into force on January 1st, 2019.

This new CPI, approved by means of Legal Decree No. 110/2018, transposes the European Parliament and Council´s Directives; 2015/2436 to approximate the laws of the Member States relating to trade marks and 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. The CPI has seized the opportunity to simplify and clarify the administrative proceedings for granting, maintenance and surveillance of Industrial Property Rights, and introduces new mechanisms in order to strengthen the system and increase efficiency in the infringement action congestion.

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After years of discussions inside and outside Brazilian IP circles, a political step has finally pushed the country towards the “no longer” inevitable position of acceding to the Madrid Protocol. The Brazilian House of Representatives approved on April 4, 2019, the proposal for the country to join the Protocol.

The next step in the process consists of further analysis of the subject at the Senate and, if the same positive outcome should happen, the Madrid Protocol is likely to be ratified by President Bolsonaro and become effective possibly no later than 2019.

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Just recently, on February 7, an event was held where Juan Lozano—who has been recently appointed as the General Director of the Mexican Institute of Industrial Property (IMPI)—issued the first Registration for olfactory, sound, and commercial image trademarks, which are known as registration of non-traditional trademarks, and are the result of the reforms recently implemented in Mexico, last August 2018.

Traditional trademarks are one of the most innovative figures in the market, since they provide an added value to their products not only by being perceptible through our sense of sight, but also by smell and hearing.

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The Brazilian PTO (BRPTO) published the Resolution No 235/2019 implementing the Phase II Patent Prosecution Highway (PPH) Pilot Program between Brazil and Japan

The BRPTO published on February 12, 2019, the Resolution No. 235/2019 implementing the Phase II of the PPH Pilot Program with the Japan Patent Office, which might speed up the examination of Brazilian applications duly filed and regularly pending in Brazil after a corresponding application from the same family receives the notice of allowance from the JPO. This procedure allows the applicant to obtain a patentability decision in the second office (BRPTO) more quickly.

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