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Montevideo, Uruguay

Working Group Session for the preparation of a ‘MERCOSUR and Chile IP Case-Law Compendium’

This workshop is one in a series of working group sessions tailored to judges and aimed at contributing to the compilation of a compendium of relevant IP case-law studies from the MERCOSUR countries and Chile. This collaborative effort between the IP Enforcement actors of these countries will serve as the foundation of the ‘AL-INVEST Verde IPR Protection Network’ while fostering collaboration and information exchanges among judges in the field of industrial property. Previous sessions took place in Jamaica and Paraguay, which addressed different types of IP rights.

The primary objective of the workshop is to enhance the knowledge of judges from MERCOSUR countries and Chile on non-traditional trade mark infringements, and to update them on the ongoing EU and regional initiatives, as well as recent case-law, in the field of non-traditional trade mark law. Additionally, the workshop aims to reinforce the groundwork for a Latin American enforcement network and fosters increased cooperation among judicial bodies.

The working group session includes a presentation on non-traditional trade marks in EU case-law. The session also includes a presentation on national cases in the area of non-traditional trade marks from Argentina, Brazil, Chile, Paraguay, and Uruguay. Additionally, EUIPO expert, Virginia Melgar, will deliver insights into current legal developments of EU cases. The session will also address the first entries into the case-law compendium as well as forthcoming activities of the initiative.

About the case-law compendium

The IPR case-law compendium will serve as a repository of relevant case-law from the region, thereby cataloguing all the precedents and facilitating the interpretation of IP law. It will also serve as a reference tool that organises and classifies terms and concepts related to IP jurisprudence and doctrine, with a benchmarking approach to European best practices. It will also promote the development of a shared knowledge base and an up-to-date jurisprudence bank focusing on trade mark-related matters. The compendium will help provide valuable information and data for enforcement institutions to make informed decisions, and will provide for practitioners, judges and policy makers with crucial information on jurisprudence.

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