BUSINESS BRIEF: VENUZUELA
“THE UNCERTAINTY REGARDING THE APPLICATION OF THE VENEZUELAN INDUSTRIAL PROPERTY LAW 1955 IS ONE OF THE MOST IMPORTANT THREATS TO PATENT OWNERS.”
be studied and analysed with the legal, marketing and advertising departments of
the company
in order to avoid confusion and to pursue the procedure in a less expensive way. Te emphasis should be on effective and preventive planning.
Have there been any changes to the trademark law(s) in the last 12 months?
Tere have not been any changes to the trademark law(s) in the last 12 months.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Just as in other Latin American countries, Venezuela is currently experiencing copyright infringements especially in the areas of music and the film industry. Tese cases of infringement should be handled through international organisations that represent musicians and film makers.
How should people ensure they are protected against copyright infringement?
Even when works are protected by the mere fact of their creation, it is advisable that copyright holders register their creations at the PTO.
What is the best way to deal with infringement, and what are the costs associated with it?
Keeping a close eye on the market by employing a local investigator to monitor it would constitute the most suitable strategy to deal with copyright infringements.
www.worldipreview.com
Have there been any changes to the copyright law(s) in the last 12 months?
No, there have not been any changes to the copyright law in the last 12 months.
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Counterfeiting is definitely one of the biggest problems relating to IP rights. In Venezuela, online piracy and counterfeiting are both equally substantial problems.
Unfortunately, the sale of counterfeited DVDs and CDs is a normal and common practice in the Venezuelan market.
What industries are particularly at threat? Te music, film and fashion industries are the most threatened.
What are the best strategies for dealing with the problem?
Having a local counsel that provides information and legal advice regarding the preventive measures that should be taken is the most effective and accurate strategy to defend IP rights.
General
Are there any legislative changes to the IP regime that would make life easier for businesses?
Venezuela’s legislative body has announced a plan to devise a new IP law. Tis creation will help to erase the uncertainty existing today
and to fill the legal gaps that should be urgently covered. It is expected that
the new law will
follow the principles of international treaties, aimed at the betterment of the IP legal situation in the country. Taking into account the legal precedent as played out in the Supreme Court of Justice, it is imperative that a major overhaul of the current IP Act is carried out, which should be easily adapted to the current legislation defined in Mercosur (a prominent Latin-American trade block that Venezuela has recently joined).
Maria Nebreda is a partner at Hoet Peláez Castillo & Duque. She can be contacted at:
marianebreda@hpcd.com
Maria Nebreda specialises in general counselling on
multiple protection
patents; trademarks; analysis; sanitary
registration; changes on trademarks and patents; licence and technological transfer and IP. She is a member of the IP committee at the Venezuelan chamber of commerce.
World Intellectual Property Review Annual 2013 139
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148 |
Page 149 |
Page 150 |
Page 151 |
Page 152 |
Page 153 |
Page 154 |
Page 155 |
Page 156 |
Page 157 |
Page 158 |
Page 159 |
Page 160 |
Page 161 |
Page 162 |
Page 163 |
Page 164 |
Page 165 |
Page 166 |
Page 167 |
Page 168