January 2025 - LATAM Intellectual Property & Data Protection Newsletter

Intellectual Property

• Argentina Faces Persistent Patent Backlog Issues: Argentina continues to experience prolonged delays in patent approvals, with applications often taking more than a decade to be processed. The lack of efficiency in the system discourages innovation and foreign investment, prompting experts to call for legal and procedural reforms to align with global standards.

Data Protection and Technology

• Argentina Implements Cryptoasset Regulation Protocol: A new protocol for the treatment of cryptoassets has been introduced to establish clear compliance guidelines for financial entities and crypto exchanges. The framework strengthens anti-money laundering controls, and aims to reduce legal uncertainty in the digital finance sector.
• Fintech Sector Warns of Stifling Tax Burden: The Argentine Fintech Chamber has raised concerns that high taxation is limiting the sector’s expansion. Fintech companies argue that the heavy financial burden makes it difficult to compete, innovate, and attract investment.
• Argentina Expected to See Growth in Startups and Unicorns: Analysts predict that more startups and high-growth companies will emerge in Argentina, due to increased venture capital interest and advancements in digital transformation, despite economic challenges.
• New Cybersecurity Program to Strengthen Digital Infrastructure: Argentina has launched a cybersecurity initiative focusing on improving national defenses against digital threats, increasing investment in cybersecurity education, and enhancing public-private cooperation.
• Government Closes Trust Funds to Improve Fiscal Oversight: The Argentine government continues its policy of eliminating state-managed trust funds to prevent misuse of public resources, aiming to ensure greater transparency and accountability.

Intellectual Property

• SENAPI Reports 35,000+ Intellectual Property Registrations: Bolivia’s National Intellectual Property Service (SENAPI) has successfully completed more than 35,000 registrations of trademarks, patents, and copyrights in 2024, signaling greater awareness and protection of intellectual property among businesses and entrepreneurs.
• Bolivian Açaí Producers Patent New Harvesting Harness: Açaí producers in Bolivia have patented a harness designed to improve the efficiency and safety of fruit harvesting. The innovation reduces the physical strain on workers and enhances productivity in the growing açaí industry.

Data Protection and Technology

• Bolivia Announces 100% Digital Connectivity Goal: The Bolivian government has outlined a plan to expand internet access throughout the country, prioritizing rural areas to close the digital divide and improve economic opportunities through enhanced connectivity.
• Bolivia Faces Urgent Need for Cybercrime Legislation: Experts warn that Bolivia lacks modern legal protections against cybercrimes, such as data theft and online fraud. The absence of updated laws leaves businesses and individuals vulnerable, prompting calls for urgent regulatory reforms.

Intellectual Property

• Brazil Extends Patent Prosecution Highway (PPH) Agreement with China: The Brazilian Patent and Trademark Office (BPTO) has renewed its PPH agreement with China, allowing for the faster examination of patents filed in both countries. This agreement benefits Brazilian and Chinese innovators by reducing waiting times and improving patent protection efficiency.
• Brazil Approves Bio-Inputs Law to Boost Agricultural Innovation: The newly enacted bio-inputs law establishes regulations for the development and commercialization of sustainable agricultural technologies. It provides legal certainty for companies working with biological pesticides, fertilizers, and other natural inputs, reinforcing Brazil’s role as a leader in agritech.
• BPTO Reports Surge in Trademark and Patent Applications: The BPTO recorded a significant increase in applications for trademarks, patents, and software registrations in 2024. The data suggests growing interest in intellectual property protection across various industries.
• BPTO Launches Pilot Program for Direct User Communication: A new initiative by the BPTO aims to streamline communication with applicants, reducing delays and improving efficiency in trademark and patent processes. The pilot program allows users to receive direct updates and clarifications on their filings.

Data Protection and Technology

• Government Unveils Strategy to Advance Artificial Intelligence: The Ministry of Science, Technology, and Innovation (MCTI) has launched its strategy to accelerate AI development in Brazil. The plan includes investment in research, incentives for AI-driven businesses, and regulatory guidelines to ensure responsible implementation.
• Brazil Invests in Quantum Technologies to Strengthen Innovation: The government has announced new initiatives to position Brazil as a key player in quantum computing and communication. As part of these efforts, one of the country's leading laboratories has been equipped with cutting-edge technology to advance research in this field.
• Brazil to Develop Its Own Large-Scale AI Model: The MCTI stated that Brazil will create its own artificial intelligence model, rather than relying solely on foreign AI systems. The goal is to ensure national sovereignty over AI technology and data management.

Intellectual Property

• INAPI Reports Record Patent Applications in 2024: Chile’s National Institute of Industrial Property (INAPI) recorded a 28.7% growth in international patent applications, marking a historic milestone for the country.

Data Protection and Technology

• OECD Urges Chile to Accelerate Digital Productivity: A report from the OECD highlights Chile’s need for increased investment in digitalization, in order to boost economic growth. The country lags behind regional peers in adopting automation and AI-driven technologies. The report cites a shortage of tech-skilled labor and inadequate private investment in R&D as the primary obstacles.
• Chile Establishes National Lithium and Salt Flats Institute: The Chilean government has launched the first National Institute for Lithium and Salt Flats, aiming to promote research, sustainable extraction, and technological advancements in lithium production.
• Chile Joins International Counter-Ransomware Initiative: Chile has formally joined the Counter-Ransomware Initiative (CRI), a global coalition focused on combatting ransomware attacks. Founded by the United States in 2021, the initiative fosters international cooperation to strengthen defenses against ransomware cybercrimes.
• Chile Opens First National Cybersecurity Agency in Latin America: The Chilean government has launched Latin America’s first National Cybersecurity Agency, tasked with coordinating policies, responding to cyber threats, and protecting critical infrastructure from digital attacks.
• New Regulations for Uber and Ride-Sharing Services in Chile: A new law establishes requirements for ride-sharing platforms such as Uber, including licensing for drivers, safety regulations, and stricter vehicle standards. The measure aims to bring more oversight to the sector and address long-standing regulatory gaps.

Intellectual Property

• Colombia Reviews AI-Generated Content Copyright Regulation: The Colombian government is reconsidering proposed copyright regulations for AI-generated content, following pushback from stakeholders. The initial proposal had aimed to grant AI-generated works copyright protection, but critics argue that this could create legal uncertainty and impact human creators.

Data Protection and Technology

• Colombia Expands STEAM Education with 29 New Laboratories: The Ministry of Science, Technology, and Innovation has announced the deployment of 29 STEAM (Science, Technology, Engineering, Arts, and Mathematics) laboratories across the country. The initiative seeks to strengthen technological education and prepare students for the digital economy.

Intellectual Property

• Costa Rica Signs Historic Patent Validation Agreement: Costa Rica has signed an agreement with the European Patent Office (EPO) to allow European patents to be recognized within the country. This agreement streamlines the patenting process, and is expected to boost foreign investment and innovation in Costa Rica.

Data Protection and Technology

• Costa Rica’s MICITT Opposes AI Regulation Proposals: The Ministry of Science, Innovation, Technology, and Telecommunications (MICITT) has voiced opposition to legislative proposals aimed at regulating AI, arguing that premature regulation could hinder technological development and limit investment in emerging AI solutions.
• Costa Rica Nears Entry into DEPA: Costa Rica is on the verge of joining the Digital Economy Partnership Agreement (DEPA), an international trade agreement focused on digital trade, AI governance, and cross-border data flows. Membership is expected to facilitate greater integration into global digital markets.

Intellectual Property

• Bacardi Loses Legal Battle Over Havana Club Trademark: A US federal court ruled against Bacardi in its ongoing dispute over the Havana Club trademark, upholding the US Trademark Office’s decision to recognize Cuba’s state-run enterprise, Cubaexport, as the legitimate owner. This decision strengthens Cuba’s claim over the globally recognized rum brand, despite Bacardi's continued efforts to challenge it.

Data Protection and Technology

• El Salvador Lacks Infrastructure to Become a Regional Tech Hub: President Nayib Bukele acknowledged that while El Salvador is advancing in digitalization, the country is not yet fully equipped to be a leading tech center. Key challenges include a lack of skilled labor, limited internet access in rural areas, and an underdeveloped technological infrastructure.
• Bitcoin No Longer Mandatory for Merchants in El Salvador: The government has removed the legal obligation for businesses to accept Bitcoin as payment, adjusting its pro-crypto stance. While Bitcoin remains legal tender, businesses now have more flexibility in choosing payment methods. This move follows concerns from local merchants over volatility and barriers to adoption.

Intellectual Property

• Mexico Publishes 2025 Arbitration Tariff for Copyright Disputes: The government has released updated arbitration fees for copyright-related legal disputes, aiming to provide clearer cost structures for arbitration proceedings and improve efficiency in resolving IP conflicts.
• Court Rules on AI-Generated Graphic Design Copyright Case: A Mexican tribunal has issued a ruling on whether AI-generated graphic designs qualify for copyright protection, stating that AI-assisted designs cannot be registered as copyrighted works without human authorship involvement. This sets an important precedent for IP laws in the era of AI-driven creativity.

Data Protection and Technology

• Mexico’s Government and INAI Agree on Transition Plan Amid Institute’s Closure: The National Institute for Transparency, Access to Information, and Data Protection (INAI) has reached an agreement with the federal government on a transition plan for handling personal data protection and transparency responsibilities as the institute faces dissolution. The agreement seeks to ensure continuity in public access to information and data security during the transition.

Data Protection and Technology

• Panama Positioned to Become a Blockchain Hub in Latin America: Experts predict that regulatory changes and financial market shifts could make Panama a leading blockchain hub in the region. The country’s business-friendly environment and strategic location position it as an attractive destination for blockchain and fintech startups.
• Project Copernicus Under Evaluation for Panama’s Digital Economy: The Copernicus Project, a major digital transformation initiative, remains under government review. The program aims to modernize Panama’s public sector digital infrastructure, including cloud computing, AI integration, and national connectivity expansion.

Intellectual Property

• Peru Records Over 36,000 Trademark Registrations in 2024: The National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) reported a significant increase in trademark registrations, signaling strong entrepreneurial activity and brand protection awareness among businesses.
• Indecopi Proposes Technical Regulations for GMO Food Labeling: The agency has published a draft regulation for labeling genetically modified foods, aiming to increase transparency for consumers and ensure compliance with international food safety standards.

Data Protection and Technology

• 50% of Peruvian Companies Use AI to Improve Productivity: A recent survey revealed that half of Peru’s businesses have adopted artificial intelligence tools to enhance operational efficiency, customer service, and decision-making processes, demonstrating AI integration across industries.
• Data Protection Authority Fines Companies Over $3.5 Million for Violations: Peru’s National Data Protection Authority imposed fines exceeding 13 million soles (approx. $3.5 million) in 2024 on companies for mishandling personal data. Most cases involved unauthorized data collection, breaches in data security, and non-compliance with consent regulations.
• Banco de Crédito del Perú Fined for Data Protection Violations: The country’s largest bank was fined 289,800 Peruvian soles (approx. $77,000) for failing to comply with data protection regulations, including improper handling of customer personal data.

Data Protection and Technology

• Uruguay and UAE Sign Innovation Cooperation Agreement: Uruguay and the United Arab Emirates (UAE) have signed a Memorandum of Understanding to foster collaboration in technological innovation, research, and economic development. The agreement is expected to strengthen bilateral ties and attract investment in high-tech industries.