Venezuela IP News | COVAPI Weighs in on PTO and Online Filings
Yesterday, COVAPI -the Venezuelan IP Agents Association- held a webinar on the legal implications of online filing of patent and trademark applications in Venezuela, especially during times of restrictions associated with COVID-19.
The webinar featured local experts, Rosa Mejuto, Thaimy Marquez and William Olivero, who discussed the problems arising from the PTO's attempt to accept “applications” via e-mail, from the fact that those could not be deemed as actual applications and thus would not give birth to priority rights; to the PTO's failure to provide applicants with timely and accurate information regarding serial numbers and filing dates for their applications. These flaws go beyond mere operative filing aspects and pose serious legal risks with potential repercussions for applicants.
Clockwise, from top left: Thaimy Marquez, former Director at SAPI; William Olivero, attorney and college professor; and Rosa Mejuto, attorney and Vicepresident at COVAPI.
The panelists pointed out the level of uncertainty arising from the provisional mechanism in place and the risks it poses for applicants who have tried to file their applications under seemingly precarious circumstances. Consideration was also given to the fact that there seem to be a set of rules which could support a more efficient attempt to implement an online filing platform in the country.
Revisiting our previous posts on the subject, on April 26 and May 7, we clearly agree with the panelists views about the mechanism in place, and find that holding on new filings until COVID-19 restrictions are lifted seems to be in the best interest of applicants seeking protection of their patents and trademarks in Venezuela.
In times when communication with the PTO has been challenging, COVAPI seems to have found a way to shed light on operative and legal aspects of the agency’s activity that require improvement, by organizing sessions covering the most sensitive topics, with the aid of experienced professionals and pointing out to the measures required for such agency to be in full compliance of the law; an approach that is not only legally and ethically correct, but conducing to a better environment for applicants seeking protection of their IP assets in the country, by disseminating clear and accurate information on the current state of affairs in an already complex jurisdiction.
The next topic in COVAPI's scheduled webinars will cove patents in the food and pharmaceutical industries.
