By Moeller IP Advisors
Every year the Argentine IP Association ASDIN (“Asociacion Derechos Intelectuales”) calls for the submission of unpublished papers covering the latest issues on intellectual property in Argentina and the Latin American region.
A few days prior to worldwide IP Day (established on April 26 by the World Intellectual Property Organization, WIPO), ASDIN announces the winning papers and awards each individual author during a ceremony which is always attended by local, regional and international individuals related to the IP community.
On April 26, 2018, Mariano Municoy, one of Moeller IP Advisors’ lawyers, received the ASDIN award for his paper analyzing the latest changes introduced by the Emergency Presidential Decree 27/2018 published in January this year.
The paper particularly points out the socio-economic benefits brought by the new requirement, to file a declaration proving a registered mark is being used between the 5th and 6th year of its’ registration. Mariano argues, together with other new measures, the requirement would help reduce the harmful effects of the growing problems posed by registered but non-used marks, usually described as “deadwood records”.
In his work, Mariano suggests that the trademark communities in other Latin American countries should at least consider the potential benefits of “deadwood records”. Thereby having the goal of reducing the legal risks and costs that such “deadwood records” create in each jurisdiction. Thereby pointing out that with adoption of the Madrid Protocol in the region, the probability of such records will only grow.