International advancements to intellectual property systems and global IP cooperations
El Salvador
On August 8, 2024, a new intellectual property law was approved in El Salvador, bringing in amendments across the board to the IP system of the country. This marks the first change in IP law in the jurisdiction since 1993, forging a unified legislation merging the previous “Law of Trademarks and Other Distinctive Signs" and "Law of Intellectual Property".
The updated IP law introduces multiple alterations to the previous IP registration system, including the digitalization of processes such as the publication of IP applications, which will be published in the Electronic Bulletin as opposed to in paper form once implemented.
In relation to the registration and maintenance of patent rights, the new law will bring in various alterations, including clarification that any applications submitted with the intention of patenting a new use of a product or process which already has patent protection is prohibited. Further, a restoration fee for patents is set to be implemented, and the definition of the Bolar Exception with regard to medicinal patents has been clarified within the legislation.
With regard to industrial designs, the validity term for granted design rights will be extended to a period of 15 years, a considerable increase from the current inextendible 10-year period. The new 15-year validity period requires design rights holders to complete payment of any design maintenance fees every 5 years in order to maintain validity.
The updated legislation will also implement new procedures regarding trademark protection in El Salvador, including the introduction of the possibility of the registration of non-traditional distinctive signs in the jurisdiction. Non-traditional marks constitute those outside of the standard word/graphic form, such as taste, sound, and texture trademarks, among others.
A further alteration to the previous IP system is that all protected trade names and advertising signs, alongside trademarks, will be required to be renewed after every 10-year period. With regard to trade names, the new law also introduces the requirement that they must be verified upon each renewal. Moreover, integrated circuits and layout designs are set to be protected by intellectual property rights.
The new IP legislation has been approved with the intention of regulating the protection of IP rights and other forms of industrial property, regulating unfair competition, and to encourage innovation and creativity in the country to promote socio-economic growth and cooperation in technical fields within the nation. In line with these aims, and alongside the procedural alterations implemented with regard to the protection of IP rights, government entities, educational institutions, cultural workers, and small businesses will be eligible for various IP fees reductions and/or exemptions to encourage further innovation and IP protection.
The new IP legislation is set to enter into effect 6 months after the date of its official publication, with implementing regulations set to be enforced 90 days thereafter.
UK
On August 1, 2024, the United Kingdom Intellectual Property Office (UKIPO) published an updated guidance as to design registrations in relation to products that incorporate multiple, separate elements.
The amended guidance follows the recent issuance of a new Practice Notice from the UKIPO, which provided updates to the industrial designs examination practice guide in order to clarify the approach that should be taken when it comes to designs incorporating separate elements.
The newly updated approach remains largely consistent with that of the previous examination procedure, however the guidance now provides more detail and clarity on the matter, as well as clear examples of what constitutes registrable and non-registrable designs in this regard.
The guidance notes that any industrial design that has multiple components including packaging, either functional packaging, such as a cardboard box, or decorative elements, such as a wicker basket containing a toiletry set, for example, is likely to not be deemed as registrable by the UKIPO. This is because disposable elements, such as a cardboard box, generally make a multi-component design unregistrable, however there are some exceptions to this rule such as toiletry sets with a consistent theme with packaging.
Overall, the UKIPO has clarified that it remains viable to register multiple-component designs, though it is generally viewed that industrial design applications which include elements that are not intended to be a main part of, or contribute to, the product itself or its overall theme will likely not be deemed as registrable in the jurisdiction.
Aruba
As of July 4, 2024, the rules and procedures surrounding the general Powers of Attorney in relation to trademark applications and rights in Aruba were altered. For the purposes of this information, general Powers of Attorney relating to trademarks are enforced by a signed Power of Attorney (POA) constituting an official document that authorizes an Attorney to act as a legal representative on behalf of a proprietor in their trademark matters.
As per the amended rules, the general POAs will only be valid in Aruba for a total of 2 years from the date of authorization according to the Bureau of Intellectual Property Aruba (BIP Aruba). The new rules replace the previous three-year period in which general POAs would be valid in the country.
Should applicants wish to waive the time limit of 2 years for their general POA, a fee of 30 USD can be paid to the BIP which ensures that the POA can then be relied upon at any point in the future, or until the POA is revoked.
Saint Kitts and Nevis
On July 8, 2024, the Government of Saint Kitts and Nevis deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, marking the 74th Contracting Party to the Geneva Act of 1999 and the 80th member of the Hague Union.
The accession of the jurisdiction to the Hague System means that applicants are now able to file one single international design application designating any Contracting Parties for protection, now inclusive of Saint Kitts and Nevis.
This benefits not only applicants within the jurisdiction of Saint Kitts and Nevis who can now enjoy the advantages of applying for international design protection via the Hague System, but international applicants who wish to seek design protection within the country.
This move marks a step toward the modernization and further international collaboration for Saint Kitts and Nevis, which is hoped to encourage further IP registrations within the jurisdiction and promote economic and innovative growth.