BUSINESS BRIEF: VENEZUELA
BUSINESS BRIEF: VENEZUELA
Tere have not been any significant changes or developments in Venezuela over the last year that IP professionals and owners need to be aware of. Te following should serve as a good guide for those doing business in this jurisdiction.
Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
In terms of patentable issues in Venezuela, the subject matter must reach the principle of novelty. Nevertheless, there are some exceptions to this requirement, such as inventions, improvements or industrial models or designs that having been patented abroad, have not been divulged, patented or executed in Venezuela, and are not in the public domain. Another requirement for inventions is the inventive step.
To obtain protection over an invention, our Industrial Property Law provides that an application should be submitted before the Venezuelan Patent and Trademark Office (PTO), within 12 months of the foreign application filing date.
What are the costs of registering a patent, and what are the costs of defending it?
Te average cost of registering a patent is approximately $3,000. Te costs at trial level depend on whether there are any injunctions; if so, the petitioner can expect regular trial costs of between $25,000 and $30,000, increasing by approximately $12,500 for an injunction proceeding.
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?
Since 2006, Venezuela is not a member of the Andean Community. Te withdrawal has brought several and important changes regarding the IP matters.
Te petition of interpretation filed before the Constitutional Chamber of the Supreme Court aimed at clarifying which law should be applied in terms of IP matters was finally resolved: Decision 486 of the Andean Community (with a common IP regime) is no longer valid in Venezuela. Te only applicable law that regulates IP matters in the country is the Industrial Property Law of 1955, which was the applicable law prior to Decision 486 of the Andean Community.
Tis law implemented several changes:
1. Patent protection has a time range of 10 years, as from the registration date;
2. It excludes some matters subject to patentability; 3. Tere is no patentability review by
examiner, the although in practice the patent
examiners are continuing doing substantive examinations and have adapted the procedures to the 1955 Law. Instead of issuing office actions they are proceeding to deny the patents, giving the patent holder the right to appeal the denial before the PTO;
4. Te applicant has the burden to publish in a local newspaper three times with 10 days’ difference between each publication;
5. Compulsory licences are not stipulated; and 6. Absolute novelty is required.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Te uncertainty regarding the application of the Venezuelan Industrial Property Law 1955 is one of the most important threats to patent owners.
To guarantee its rights, the patent owner has a wide array of injunctions during the course of a judicial proceeding. Te judge (at his own discretion) and provided that the plaintiff can
142 World Intellectual Property Review Annual 2014
support its right and show irreparable harm, may order injunctions.
Trademarks
How do you register or secure trademark rights and what protection does it grant? In order to obtain protection in Venezuela on a trademark an application must be submitted before the Venezuelan PTO. Said protection is granted on a first-to-file basis. Te granting gives the owner exclusive rights over the trademarks for a period of 15 years, due to the reinstatement of 1955 IP Law.
What are the costs of registering a trademark, and what are the costs of defending it?
Te normal cost of obtaining a trademark can range from $1,400 to $2,000. Te costs at trial level depend on whether there are any injunctions; if so, the petitioner may expect regular trial costs of between $25,000 and $30,000, increasing by approximately $12,500 for an injunction proceeding.
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
Te main threat to trademark owners is the infringement of trademarks and trade dress.
Keeping a close eye on the market through the distribution channels, and by employing a local investigator to monitor would be the best strategy to deal with infringements.
Working with public authorities and enforcement agencies is important and more efficient when an infringement is committed.
What are the most common mistakes that trademark owners make?
It is fundamental to establish a trademark plan coordinated with the company’s business, marketing and growth plans. Tese plans must
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