Compendium of Trade Mark Case Law in Argentina, Brazil, Chile, Paraguay and Uruguay
The European Union Intellectual Property Office (EUIPO), through the EU-funded project AL-INVEST Verde IPR, published the ‘Compendium of Trade Mark Case Law in the MERCOSUR countries and Chile’. It provides an important reference resource to strengthen the consistent application and enforcement of intellectual property (IP) rights in Argentina, Brazil, Chile, Paraguay and Uruguay.
The Compendium, which contains a foreword written by the EUIPO Executive Director João Negrão, brings together a selection of relevant court decisions on trade mark law, the compendium offers a comparative overview of how IP rules are interpreted and applied across MERCOSUR countries and Chile. In total, 59 recent rulings were reviewed, using as reference more than 30 judgments from EU courts, including the Court of Justice (CJ), the Court of First Instance of the European Community and the General Court (GC) of Justice.
The compendium is the result of a process that spanned several years, involving collaboration between the judges of the AL-INVEST Verde Judges Network, national IP offices, judicial authorities and legal experts from across the region through numerous in-person and online meetings. Its preparation involved an exhaustive review of judgments and jurisprudential criteria reflecting the evolution of trade mark law and its role in strengthening the regional legal and economic environment.
Serving as a practical tool for judges, prosecutors, lawyers, IP professionals and public policy makers, it aims to foster a more consistent and predictable interpretation of trade mark law in the region, in line with international best practices. The publication also reaffirms the EUIPOs commitment to strengthen institutional and regional legal integration in the field of IP, promoting cooperation between national authorities and the exchange of specialised knowledge.
The EUIPO through its Boards of Appeal has been offering high-quality case-law resources for many years. Including the eSearch Case-Law tool to search for EU and national decisions, and the regular publication of summaries on the recent case-law webpage, case-law research reports, yearly overview reports of GC/CJ case-law, and BoA decisions. By offering these resources, the EUIPO provides practitioners and institutions with direct access to up-to-date jurisprudence, contributing to greater consistency, transparency and accessibility of IP case-law.
The complete compendium can be consulted here (in Spanish only):