Marquez, Manuel --- "Utility Models in Latin America" [2007] ELECD 141; in Suthersanen, Uma; Dutfield, Graham; Chow, Boey Kit (eds), "Innovation Without Patents" (Edward Elgar Publishing, 2007)

Book Title: Innovation Without Patents

Editor(s): Suthersanen, Uma; Dutfield, Graham; Chow, Boey Kit

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845429591

Section: Chapter 10

Section Title: Utility Models in Latin America

Author(s): Marquez, Manuel

Number of pages: 5

Extract:

10. Utility models in Latin America
Manuel Marquez

10.1 UTILITY MODELS IN LATIN AMERICA
In Latin America, examples exist of regional utility model regimes that hold
each country to harmonised standards (the Andean Community) and of countries
designing their own national system (that is Mexico, Argentina and Brazil). This
chapter covers the Andean Community Common Regime on Industrial Property
and the Mexican UM regime.

The Andean Community

Andean Community Decision 486 of 2000 established a Common Regime on
Industrial Property for the five member countries (Bolivia, Colombia, Ecuador,
Peru and Venezuela). The decision does not create unitary IP regimes but defines
standards that must be adopted by each member.
Title III of the decision deals with UMs. A UM is considered to be a `new
form, configuration, disposition of elements, of any artefact, tool, instrument,
mechanism or other object or any part of the same, that permits a better or
different functioning, use or manufacture of the object which incorporates or
which offers any use, advantage or technical effect that it did not have pre-
viously'. The term of protection is ten years from the filing date. UM
applications can be converted upon request to patent applications as well as
vice versa.


10.2 A CASE STUDY ON MEXICO
Mexico, on the other hand, opted to design its own system. Efforts to legally
protect technological innovation have a long history in that country. Indeed, the
first regulation for the protection of inventions was enacted in 1820, when
Mexico was ...