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Legal Products 18/05/2012 Business Flash Perú Juris Index IPSoft Litis Soft



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TRADEMARKS
 
G.W. Yichang & Cia. S.A.: FLORIDA trademark distinctiveness

Nullity of the FLORIDA trademark registered by Gaseosa Lux S.A. in class 32 of the International Classification (I.C.) based on the FLORIDA trademark’s distinctiveness and the relationship between classes 29, 30 and 32 of the I.C.

 
Pepsico Inc.: AQUAFINA trademark registration

Opposition against the AQUAFINA trademark registration application filed by Embotelladora Norandina S.A. to distinguish products included in class 32 of the I.C., based on the applicant’s bad faith and the application of the Washington Convention and Cartagena Decision 344, arguing that the same trademark had been previously registered in Colombia and Venezuela and therefore enjoyed registration priority.

 
Ebel International Limited: Relationship between class 5 and class 9 of the I.C.

Opposition against the HEBEL trademark registration application filed by The Gillete Company in class 09 of the I.C., based on the registration of the EBEL trademark in class 3 of the I.C.

 
Ebel International Limited: Relationship between class 3 and class 42 of the I.C.

Opposition against the VISAGE trademark registration application filed by Inversiones Mantilla S.A. in class 42 of the I.C., based on the registration of the same trademark in class 3 of the I.C.

 
Lanard Toys: Relationship between class 25 and class 28 of the I.C.

Opposition against the LANARD trademark registration application filed by Sociedad Andina de los Grandes Almacenes S.A. in class 25 of the I.C., based on the registration of the same trademark in class 28 of the I.C.

 
Compañía Nacional de Chocolate S.A.: WINTERITOS trademark registration in class 30 of the I.C. in the Dominican Republic

Cancellation of the WINTERITOS trademark registration in the Dominican Republic and approval of our client’s registration application.

 
Compañía Nacional de Chocolate S.A: MUSTAFA trademark registration in class 30 of the I.C. in Colombia

Andean opposition against the MUSTAFA trademark registration in Colombia based on its registration in Peru, thereby preventing its registration in Colombia and having our client’s registration application approved.

 
Compañía Nacional de Chocolate S.A: PICARAS trademark registration in class 30 of the I.C. in Colombia

Cancellation of the PICARITOS trademark registration in Colombia and approval of our client’s trademark application.

 
Celima S.A.: recovery of the CELIMA trademark in class 19 in El Salvador

Annulment of the CELIMA trademark registration in El Salvador by a distributor and approval of our client’s trademark application.

 
Isaberg Rapid Aktiebolag: recovery of the RAPID trademark registration in class 16 of the I.C.

Annulment of the RAPID trademark registration in Peru by a distributor and approval of our client’s trademark application.

 
PATENTS
 

We managed to obtain favorable reports from INDECOPI in relation to accusations filed on grounds of infringement of patent rights, as follows:

 
Eli Lilly and Company and Eli Lilly and Company Limited

Concerning the OLANZAPINE active ingredient, we managed to obtain preliminary injunctions and favorable opinions against 17 infringing companies. It should be pointed out that we managed to have INDECOPI impose a fine of approximately US$ 40,000.00 (so far, the highest fine imposed in the patent field) against El Samaritano S.R.L. for the import and marketing of the Oleanz product. We also obtained several favorable opinions in relation to the RALOXYPHENE HYDROCHLORIDE active ingredient.

 
ANTI-PIRACY CAMPAIGNS
 
Motion Picture Association (MPA): Anti-piracy campaign

3-year anti-piracy campaign which began in 1997. Police raids were conducted in 20 laboratories, 223 stores and 32 markets, resulting in the confiscation of 87,301 video tapes and 14 video tape recorders. With this campaign, we managed to reduce audiovisual piracy from 95% to around 50%.

 
Business Software Alliance (BSA): Anti-piracy campaign

This anti-piracy campaign was launched in July 1998 and lasted 1 ½ years. Anti-piracy raids were conducted among 33 end-users and 18 galleries (stores, warehouses and video recording facilities), resulting in the confiscation of 14,120 CDs/diskettes and 39 computers. With this campaign, we managed to reduce software piracy from 90% to 64%.

 
Mattel Inc.

Confiscation of 500,000 counterfeit BARBIE school supplies.

 
Corporación Transcontinental del Perú S.A.C.

Infringement accusation: “COSTEÑO” rice. Freeze on sale of 8,300 tons of rice.

 
Lucky Strike – Hamilton (Batmark Ltd.)

Confiscation of a container with 301 counterfeit LUCKY STRIKE cigarette cartons and 839 counterfeit HAMILTON cigarette cartons.