BUSINESS BRIEF: VENEZUELA
BUSINESS BRIEF: VENEZUELA
Patents How do you register or secure patent rights, and is national or international coverage most appropriate? A patent application must be filed at
the
Autonomous Service of Intellectual Property (SAPI). Te minimum filing requirements are the specification, claims, abstract and drawings (if any) in Spanish; a priority document (only if priority is claimed); and a power of attorney and declaration of inventorship with assignment. Te power of attorney and declaration may be filed aſter the application; both documents must be either approved by the Venezuelan consulate or certified by the Apostille Convention. Venezuela has signed the Paris Convention,
but is not a member of the Patent Cooperation Treaty.
Te SAPI examines an application; if it
doesn’t comply with the legal requirements for patentability, the agency issues an office action. If it does, the SAPI requests three local newspapers to publish the application. Aſterwards, it is published in the official bulletin issued by the SAPI. Once published in the official bulletin, any third party may file an opposition. If either no oppositions have been filed or
they have been dismissed once the opposition period ends, the registrar shall decide whether to grant the patent. If granted, the SAPI sets a short
term for paying a granting tax and
proceeds to issue the patent certificate. A reconsideration appeal may be lodged
against the refusal of a patent application or an unfavourable opposition decision within 15 working days of the decision’s publication in the official bulletin. A further appeal against the dismissal of a reconsideration appeal may be lodged within 15 working days before the minister of commerce. An appeal against an unfavourable decision issued by the minister may be lodged before the Supreme Tribunal of Justice.
What are the costs of obtaining a patent, and what are the costs of defending it? Registration costs are approximately $3,500. Te cost of defending it may depend on the case.
patents in your jurisdiction? Patent information may be found on the SAPI’s website:
www.sapi.gob.ve
Is there anything unusual about the patent law(s) that companies should be aware of, and what are the most common mistakes businesses make? It is important to obtain a specialist legal opinion to determine the best way of defending patents to keep them alive while they are still pending. Among the most important points to consider is the real and current interest of the invention to the client and their business. In any case, this analysis will serve to keep
pending patent applications alive in Venezuela while awaiting a final SAPI decision on patentability.
From a practical viewpoint,
owners should maintain their presence in the market as it will allow them to strengthen their position in relation to competitors.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent? Te strategies may vary depending on the case. Te most frequent strategies for dealing with infringement are: (i) using extra-judicial measures such as sending a cease-and-desist letter or
negotiating with the infringer;
(ii) using judicial measures such as filing a lawsuit before a competent court against the infringer; (iii) taking advantage of border measures before the customs authorities; and (iv) filing a complaint at a criminal court through a special district attorney.
114 World Intellectual Property Review Annual 2015
Trademarks How do you register or secure trademark rights and what protection do they grant? A trademark application must be filed at the SAPI together with an official search (per word and per design) by a power of attorney approved by either the Venezuelan consulate or by the Apostille Convention. Te SAPI examines the application and issues
an office action if it does not comply with the necessary legal requirements for patentability. If it does, the SAPI will request its publication in a local newspaper before publishing it in the official bulletin. Aſter its publication in the official bulletin any third party may file an opposition. If no opposition is filed, the SAPI may grant
or deny the application. If granted, the SAPI sets a short period of time for paying a granting tax and proceeds to publish the certificate of registration on its website,
www.sapi.gob.ve
What are the costs of registering a trademark and what are the costs of defending it? Registration costs approximately $1,500. Te cost of defending a trademark may depend on the case.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement? Te most common threat to trademarks is infringement by selling infringing products or infringing services so as to confuse the consumer. Te strategies may vary depending on the
case. Te most frequent strategies for dealing with infringement are: (i) using extra-judicial measures such as a cease-and desist letter and negotiation with the infringer; (ii) using judicial measures such as filing a lawsuit before a competent court against the infringer; (iii) border measures before the customs
www.worldipreview.com
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