The agreement between the European Union and MERCOSUR reached on 6 December, which must be ratified by member states, represents a historic opportunity to strengthen economic and trade ties between the two regions. With provisions promoting liberalisation of trade in goods and services, harmonisation of technical standards and robust protection of intellectual property (IP) rights – including patents, trademarks and geographical indications – the pact paves the way for sustainable and transformative economic growth.
The importance of intellectual property (IP) protection
International trade between regions with diverse regulations requires companies to protect their intangible assets, such as trademarks, patents and industrial designs, in destination markets. The EU-MERCOSUR agreement reinforces the need for valid IP rights in both regions through:
- Improved trade defence systems
- Streamlined procedures for the registration and recognition of rights.
This not only ensures the competitiveness of companies, but also protection against unfair practices or infringements in emerging markets.
Key sectors benefiting from the agreement
- Technology and innovation
- The elimination of tariffs on technology products and the facilitation of IT services reinforce the need to protect patents, software and other technological developments.
- Pharmaceuticals and biotechnology
- Improved protection of medicines and medical devices provides a secure environment for innovation, ensuring the exclusivity of the most advanced solutions.
- Agro-industry and food products
- The protection of geographical indications and designations of origin is key to preserving the identity of distinctive European products in Mercosur, as well as providing Mercosur products with guaranteed access to the European market.
Practical recommendations for European companies
- Conduct IP audits
- Identify and register intangible assets such as trademarks, patents and designs in MERCOSUR destination countries.
- Review commercial contracts
- Ensure that licensing and distribution agreements comply with local and regional MERCOSUR regulations.
- Optimise dual-region registers.
- Use international treaties such as the PCT (Patent Cooperation Treaty) and the Madrid System to facilitate IP registration in both regions.
- Strategically manage risks
- Expansion into new markets entails greater risks of infringement. Taking proactive measures, such as monitoring trademarks and patents and mitigating legal vulnerabilities, is essential.
Intellectual property protection
At ISERN PATENTES Y MARCAS we have an expert team at our Latam Desk made up of trademark and patent attorneys who can guide you in protecting and defending your intellectual property rights in these dynamic markets. We help you make the most of the opportunities offered by the EU-MERCOSUR agreement with strategic advice tailored to your business.
Do you need a customised action plan? Do not hesitate to contact us for a consultancy tailored to your company’s specific needs.